论社会转型时期行政执法方式的转变

Studies on the Change in the Pattern of Administrative Law Enforcement During the Social Transformation

社会转型时期,由于社会利益的分化导致社会矛盾日益激化,传统的强权式行政执法方式已经不适应诸多社会问题的解决。和解与协商在行政执法过程中的采用有助于政府权力与公民权利的平衡并达到社会的和谐与稳定。但是,这种协商式执法方式的实施应当以法律的基本精神和原则以及行政机关的法定职责为界限。

The traditional type of administrative law enforcement has been on longer suitable to the solutions ot many social problems because of the increase of social contradictions caused by the differentiation of community interests during the period of the social transformation.The application of reconciliation and consultation in the course of the administrative law enforcement will be helpful to achieve the balance of the government power and the citizen rights,as well as the social harmony and stability. However, the implementation of such consultation-enforcement approach should be based on the principles of law and the legal responsibilities of relevant administrative organs.