Law enforcement agencies are divided into judicial law enforcement and administrative law enforcement.
Judicial law enforcement organs: people's courts and people's procuratorates.
Administrative law enforcement organs: public security system, industrial and commercial system, tax system (including national tax and local tax), technical supervision bureau, health bureau, tobacco monopoly bureau, land and resources bureau, real estate management bureau, etc.
The power of law enforcement granted by law is given to administrative organs by law.
Its rights principles mainly include: the principle of administration according to law. This means that administrative organs must manage according to legal authority, legal procedures and the spirit of the rule of law, and ultra vires is invalid. This is the most basic principle of administrative activities in modern countries ruled by law.
Principle of efficiency. This means that administrative organs should pay attention to efficiency and actively and effectively exercise their functions and powers under the premise of administration according to law in order to obtain the greatest administrative law enforcement benefits.
The principle of fairness and reasonableness. This means that administrative organs should weigh various interest factors and situational factors in law enforcement, and be fair, just, reasonable and moderate under the premise of strictly implementing the rules, so as to avoid the result of different law enforcement and irregular standards due to abuse of discretion.
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1. Law enforcement is a comprehensive management of social life in the name of the state and has the authority of the state. This is because: First of all, in order to avoid the chaos of modern society, a large number of laws are related to the organization and management of all aspects of social life, from economy to politics, from health to education, from the birth of citizens to the death of citizens.
Secondly, according to the principle of rule of law, in order to prevent administrative arbitrariness, the activities of administrative organs must be carried out in strict accordance with the laws formulated by the legislature in advance according to public opinion and rationality. Therefore, the process of law enforcement by administrative organs is the process of law enforcement and management on behalf of state social organs, which should be observed by the public.
2. The subject of law enforcement is public officials of state administrative organs. In China, the State Council and local people's governments at all levels are engaged in national or local administration according to law, which is the process of national or local law enforcement; While managing a certain aspect according to law, administrative functional departments are the process of implementing and enforcing corresponding laws in their own departments.
3. Law enforcement is compulsory by the state, and the process of law enforcement by administrative organs is also the process of exercising law enforcement power. The administrative organ manages the society according to the authorization of the law, and a certain administrative organ is the premise of effective management. Executive power is a kind of state power, which can not only change the distribution of social resources, control the population size of cities, but also greatly affect citizens' lives, such as further education, employment, marriage and so on.
4. Law enforcement is active and unilateral. Law enforcement is not only the power of state administrative organs to conduct social management, but also their obligation to society and people, which is both a power and a duty. Therefore, when conducting social management, administrative organs should take the initiative to enforce the law and perform their duties with positive actions. Without the request and consent of the administrative counterpart. If the administrative organ does not take the initiative to enforce the law, thus causing losses to the country or society, it constitutes dereliction of duty and needs to bear legal responsibility.
References:
Baidu Encyclopedia: Law Enforcement