A brief analysis of the theoretical logic and system operation of the downward shift of administrative law enforcement power

Abstract

The downward transfer of administrative law enforcement power is one of the core contents of China's administrative law enforcement system reform, and it is also an important part of the modernization of the national governance system and governance capacity. However, due to the lack of internal written norms and insufficient supply of external systems, the current system has a tendency to deviate from the requirements of national policies and the rule of law in practice, so the reconstruction of its system is an inevitable choice to ensure the benign operation of the downward transfer of administrative law enforcement power. Before carrying out the institutional construction, it is necessary to return to the natural and actual logic of "administrative law enforcement power downward" itself to describe the ideal goal of this system construction, reflect on the risks and challenges it may bring in the context of the legality and rationality of administration and the social background of extensive grassroots social governance, and then explore the final foothold of its standardization and institutionalization. In terms of specific system construction, it is necessary to give full play to the significance of theoretical contents such as the limits, basic principles and management models of the downward transfer of administrative law enforcement power in reform practice, and on this basis, carry out specific system design from the aspects of law enforcement teams, institutional guarantees, and supervision systems, so as to realize the organic unity of the legality and rationality of the system of decentralization of administrative law enforcement power.