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What is the difference between administrative law enforcement and comprehensive law enforcement?
Administrative law enforcement is a commonly used fuzzy concept. It is necessary for us to clarify its meaning. Law enforcement in a broad sense corresponds to legislation, and administrative law enforcement is law enforcement in a narrow sense. Administrative law enforcement refers to the activities of state administrative organs, organizations entrusted by law and their public officials, which exercise administrative power and implement laws formulated by the state legislature in accordance with legal authority and procedures on the basis of the separation of legislative, law enforcement and judicial powers of modern state power. Administrative law enforcement has the following characteristics: the legality and national representativeness of the subject of law enforcement, the initiative and unilateral will of law enforcement, and the great discretion of law enforcement. The functions of administrative law enforcement include: the function of law enforcement, the function of government management and the function of protecting citizens' rights. The basic principles of administrative law enforcement are: legality, rationality, due process, efficiency, honesty and trustworthiness, and responsibility. According to different standards, administrative law enforcement can be mainly divided into the following categories: abstract law enforcement and concrete law enforcement, restraint law enforcement and discretionary law enforcement, ex officio law enforcement and application law enforcement, compulsory law enforcement and non-compulsory law enforcement. The current law enforcement of Putuo District Traffic Administrative Law Enforcement Brigade is concrete law enforcement, discretionary law enforcement, ex officio law enforcement and compulsory law enforcement. From the perspective of institutional structure, administrative law enforcement is mainly divided into: government law enforcement, government department law enforcement, law-authorized social organization law enforcement, and social organization law enforcement entrusted by administrative organs. The law enforcement of Putuo District Traffic Administrative Law Enforcement Brigade is now the law enforcement of government departments. Administrative law enforcement refers to the activities that administrative organs and organizations authorized by laws and regulations exercise administrative power in administrative activities, and directly apply laws, regulations and rules to individuals or organizations in accordance with legal authority and procedures to realize the administrative functions of the state. Administrative law enforcement system: Administrative compulsory execution system is an indispensable system in national administrative activities, which plays a very important role in ensuring the smooth implementation of laws and regulations, the effective operation of administrative power and even maintaining social order and public interests. Because administrative coercion has the characteristics of coercion, whether the system is reasonable, necessary and proper is directly related to the basic rights of citizens as legal persons. Therefore, standardizing and restricting administrative coercive power has become one of the important topics in administrative law in many countries in recent decades. After nearly 20 years of legal practice, China has initially established a compulsory execution system in various administrative fields. First of all, in the main body, a unique execution mode has been formed, with the principle of applying to the people's court for compulsory execution, except for compulsory execution by administrative organs. Secondly, in terms of means, direct coercion seems to be far more than indirect coercion. Thirdly, in terms of procedure, the court's "non-litigation", "application and formal examination" are the main forms. Finally, in terms of supervision and relief, administrative reconsideration, litigation and state compensation are the main ways. However, the initial establishment of the system does not mean that its rationality is recognized, nor does it mean that the degree of rule of law is improved. On the contrary, from the practice of administrative enforcement in China, there are still many problems, mainly manifested in the lack of unified legislation, vague enforcement authority, chaotic means, imperfect procedures, insufficient enforcement of administrative decisions and so on. These problems need to be solved through unified legislation. Based on the present situation of administrative enforcement in China, this paper analyzes the problems existing in administrative enforcement and puts forward the legislative conception and principles of formulating a unified administrative enforcement law.