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What are the main problems in administrative law enforcement?
(A) the powers and responsibilities between departments are unclear and there is a gap in law enforcement. Through the reform in recent years, the administrative law enforcement system in Yangpu Economic Development Zone has been gradually straightened out and the law enforcement environment has been gradually improved. However, for the same law enforcement object, there is a gap in law enforcement because of overlapping responsibilities, unclear boundaries and inadequate connection between departments. For example, in March 20 17, complaints about noise nuisance from nine open-air bars opposite to Fumat Supermarket in Yangpu, and complaints about noise nuisance from Melbourne bars and natural color bars in March 20 15, environmental protection bureau, cultural bureau, industrial and commercial bureau, public security bureau and other relevant departments shirked each other, exposing the problems of unclear boundaries of powers and responsibilities and blank law enforcement.

(2) It is difficult for all departments to work alone to form a joint force. For example, the Food Safety Law entrusts the supervision function to health, food and drug administration, industry and commerce, quality supervision and other departments at the same time, forming a supervision pattern in which the supervision departments perform their respective duties and are coordinated by the Food Safety Committee. However, due to the difficulty and high cost of food safety management, the supervision of food safety issues by various departments in Yangpu Economic Development Zone has gradually evolved into an embarrassing situation of "everyone is in charge" but "no one is in charge".

(3) Repeated law enforcement by bulls makes enterprises miserable. A few years ago, due to the overlapping responsibilities of various departments in the development zone, as long as the media was exposed or the focus of public opinion appeared in the society, or the superior inspected a certain field, the administrative law enforcement departments would have a swarm of law enforcement inspections. Sometimes an enterprise will deal with the law enforcement inspection of multiple government functional departments in one day, which will seriously affect the normal production and business activities of enterprises in the region.

(4) Law enforcement is not standardized, and there are problems such as sports law enforcement and selective law enforcement. Because the administrative law enforcement involves a wide range and a large number, the law enforcement force in the development zone is relatively weak, so it is impossible to enforce the law on a long-term and regular basis. It can only be that the problem is more prominent or the leaders attach importance to it, and the superiors arrange surprise law enforcement, which leads to the failure to deal with the offenders in time, but instead hits people with bad luck and makes the masses misunderstand the administrative law enforcement. There are still some problems in administrative law enforcement, such as lax enforcement, different standards, and human law enforcement. It is impossible to treat offenders equally, and even some law enforcement officers violate law enforcement procedures, which makes the society question the credibility of the government.

(e) Inter-departmental data and information cannot be interconnected. At present, the informatization construction of various departments in the development zone is fragmented and not fully enjoyed, forming an "information island", which seriously restricts the improvement of administrative law enforcement efficiency. For example, in the spot check of the annual report, the Industrial and Commercial Bureau of Development Zone found that an enterprise had not reported the annual report for two consecutive years, and its registered address was false. According to the relevant regulations, the Industrial and Commercial Bureau cancelled the enterprise, but according to the information provided by the tax authorities, it was found that the enterprise was still filing taxes normally, which was contrary to the credit system construction of "one violation is limited everywhere" proposed by the State Council. The reason is that the information platform has not formed a "net" of the government.

Relevant administrative regulations are abstract, normative and operability is poor. The phenomenon that law enforcement departments and law enforcement personnel fail to abide by the law, are lax in law enforcement and go unpunished is widespread. Abuse of power such as bending the law and enforcing the law is widespread; We are used to using departmental documents to restrain and supervise the operation of power. The punishment for officials is often party discipline, administrative punishment, disciplinary punishment rather than legal sanctions. The standards vary from person to person and from thing to thing, and the deterrence is obviously insufficient.

Extended data

① Administrative supervision and inspection. In order to realize the administrative function, the administrative organ shall supervise and inspect the performance of the rights and obligations of the management counterpart.

(2) administrative decisions. Administrative law enforcement is generally manifested in the form of administrative decisions. Decisions about rights can be divided into rewarding and non-rewarding. Incentive administrative decision-making is the spiritual and material encouragement given by administrative organs to organizations and individuals who have contributed to obeying laws and regulations and completing tasks. Non-incentive administrative decision refers to the decision that the administrative organ gives citizens general rights and powers, among which administrative license is more prominent. Decisions about obligations can be divided into disciplinary actions and non-disciplinary actions. Disciplinary administrative decisions are mainly administrative penalties. Non-disciplinary administrative decisions deal with general obligations such as tax payment.

③ Administrative compulsion. In administrative management, administrative organs use coercive measures to force the parties who fail to perform their legal obligations.

References:

Baidu Encyclopedia: Administrative Law Enforcement