论城市行政执法的理论基础

The Theory Foundation of City Administrative Enforcement

目前有关城市行政执法问题的研究,更多地是从批判的角度思考问题,并且有相当部分的研究是结合案例进行的,这就导致了研究者在探讨问题时将自身置于事件之中,从而不可避免地将研究结论与个案联系在一起,导致研究成果的局限性。然而,城市行政执法不仅仅是行使处罚权的问题,还涉及到执法制度的构建等相关内容,应该放在一个行政执法大的框架下进行研究,探讨其理论基础和法律依据,理清城市执法的整体思路和制度设计思想。

The problem arising from city administrative enforcement have been studying more with the criticizing point of view, and many studies were combined with the specific cases, by which researchers put themselves in the case and conclusion may be affected by some personal factors. City administrative enforcement is not just the issue of applying the power of punishment, but refers to many contents such as the building of the legal system. Therefore, it should be studied under the frame of the rule of law, discussing its theoretical and legal basis, and sorting out the ideas of integrated design on city administrative enforcement.