论我国行政强制法的基本原则（On the basic principles of administrative compulsory law in China）.docVIP

论我国行政强制法的基本原则（On the basic principles of administrative compulsory law in China） The basic principles of administrative law enforcement is to reflect the spirit of modern democracy country constitution, regulate the relationship between law and administrative constraints, administrative enforcement of creation, the implementation of legal norms and supervision and relief of the various links and compulsory administrative legal relationship in all aspects of the main rule or standard. According to Chinas administrative enforcement of fourth to seventh, the basic principle of Chinese administrative law enforcement has clear administrative compulsory legal principle, the principle of appropriate administrative enforcement, adhere to the principle of combining education and compulsory and compulsory administrative principle of no abuse. The fourth article of the administrative compulsory law stipulates that the enactment and implementation of administrative compulsion shall be governed by this law, and should be carried out in accordance with the statutory authority, scope, conditions and procedures. According to this law, the administrative compulsory statutory principle includes the following 4 aspects: First, legal authority. There is no right of administrative enforcement organs and organizations shall implement the administrative enforcement, a compulsory administrative power organs and organizations must implement the administrative compulsory legal authority in their own range, otherwise it will bear the corresponding legal consequences. Second, scope statutory. That is, the scope of the law should be stipulated in advance, and the administrative organ can only take administrative enforcement within the scope of the law. Third, conditional statutory. That is, administrative organs must take administrative compulsion only when the conditions prescribed by law are in line. Fourth, statutory procedures. That is to say, administrative enforcement should not only be l