Administrative Law: Enforcement of Subpoena of Administrative Agency

1946 ◽  
Vol 34 (2) ◽  
pp. 428
Author(s):  
Charles Bell
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Administrative Agency

scholarly journals An Analysis on the Control of Administrative Discretion

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Xiaojian Feng
Keyword(s):  
Law Enforcement ◽  
Judicial Review ◽  
Administrative Law ◽  
Discretionary Power ◽  
Administrative Discretion ◽  
Administrative Agency ◽  
Administrative Power ◽  
Law Enforcement Agency ◽  
Administrative Agencies ◽  
The Law

Administrative discretion means that administrative agencies can exercise their rights based on their own judgment and actual conditions when dealing with matters that are not authorized by the law or have not made detailed provisions.The existence of administrative discretion is not only the result of the expansion of administrative power,but also to adapt to administrative differences in different regions and departments,and to maintain social fairness and justice.However,the existence of rights leads to abuse and corruption,which requires the legislature to control the problem of excessive discretionary power from the source. The administrative law enforcement agency further improves the administrative reconsideration,strengthens the selection and supervision of the staff of the administrative agency,and the judicial agency improves the judicial review.

scholarly journals Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability

2020 ◽  
Vol 12 ◽  
pp. 59-61
Author(s):  
Vladilen V. Strelnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Administrative Law ◽  
Practical Implementation ◽  
Scientific Article ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
The Public ◽  
Legal Documents

The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

Initiative Cooperation: Exploring a New Intergovernmental Model for Dealing with Risk of Tobacco Monopoly Administrative Law Enforcement

2021 ◽  
Vol 7 (5) ◽  
pp. 3003-3011
Author(s):  
Xu Jing
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Central Government ◽  
Analytical Framework ◽  
Administrative Law ◽  
Risk Society ◽  
Survey Method ◽  
Local Officials ◽  
The Stability ◽  
Tobacco Monopoly

Objective: The risk of administrative law enforcement is slowly being exposed to the public. The law enforcement of tobacco monopoly administration plays an important role in maintaining the stability of tobacco market and promoting the benign development of tobacco industry. However, due to the combination of subjective and objective factors, there are many risks in the process of tobacco monopoly law enforcement, which seriously affect the effectiveness of tobacco monopoly law enforcement. In risk society, risk has the characteristics of fluidity and cross-region, which increases the difficulty of administrative law enforcement among local governments. The purpose of this paper is to explore a new model to deal with the risk of local government enforcement against tobacco monopoly administration. Methods: The research adopted the field survey method, 75 local officials were interviewed, including 68 effective interviews and 7 invalid interviews, then analyzed the manifestations of passive cooperation through multiple cases. Results: We found that when risk of tobacco monopoly administrative law enforcement occur frequently, local intergovernmental still choose not to cooperate or cooperate passively at the request of the central government. By analyzing the forms of passive cooperation, we established an analytical framework of initiative cooperation and worked out three elements of initiative cooperation: trust, consensus and tacit understanding. Conclusion: Initiative cooperation is the highest form of cooperation and the best choice for local intergovernmental to deal with risk of tobacco monopoly administrative law enforcement.

Study on utterances of administrative law enforcement in van Dijk’s critical discourse analysis

2020 ◽  
Vol 4 (2) ◽  
pp. 217-236
Author(s):  
Jingjing Wu ◽  
Yuxiu Sun
Keyword(s):  
Law Enforcement ◽  
Critical Discourse Analysis ◽  
Administrative Law ◽  
Role Expectations ◽  
Critical Discourse ◽  
Social Variables ◽  
The Social ◽  
Critical Discourse Studies ◽  
Discourse Studies ◽  
Normative Factors

AbstractThis study explores the administrative law enforcement from three perspectives, namely, discourse, cognition and society, according to van Dijk’s theory of critical discourse studies. “Discourse” is the essential linguistic analysis of administrative law enforcement, which may lead to the tension between law-executors and law-breakers, as well as to ease the conflicts and achieve the balance, so that the discourse mode with considerable tolerance and explanation is of great significance for improving the current practice of administrative law enforcement. “Cognition” deals with psychological model based on cognitive and social psychology. In the interaction of administrative law enforcement, the social roles are institutionalized by the context, which is achieved through knowledge background, cognitive methods, communicative purpose, role expectations and information transmission. “Society” focuses on the investigation of institutions, powers and groups based on sociology. There are normative factors and non-normative variables in the administrative law enforcement: the former refers to superior will, judicial review, supervision and defense of law-breaker, while the latter involves administrative habits and experience, natural emotions, interest and mass media. In the institutional context, social variables affect the implementation of administrative law enforcement in different discourse modes.

Punishing Polluters: Trends, Local Practice, and Influences, and Their Implications for Administrative Law Enforcement in China

2018 ◽  
Vol 3 (2) ◽  
pp. 118-176 ◽  
Author(s):  
Benjamin van Rooij ◽  
Li Na ◽  
Wang Qiliang
Keyword(s):  
Law Enforcement ◽  
Case Studies ◽  
Large Scale ◽  
Ad Hoc ◽  
Administrative Law ◽  
National Legislation ◽  
Qualitative Case Studies ◽  
Citizen Complaints ◽  
Resource Capacity ◽  
Over Time

Scholars and politicians often complain about how weak administrative law enforcement is in China. To better understand the challenges in law enforcement, as well as variation in actual practices and influences on such practices, the current paper analyzes Chinese pollution law enforcement data from the last two decades as well as in depth qualitative case studies of everyday enforcement practices. It finds that recently enforcement has become much more frequent and stricter. It finds that recent changes in national legislation, centralization reforms, increased citizen complaints, as well as enforcement campaigns all played a role in this. While this has helped strengthen enforcement, and maybe has played a part in recent pollution reductions, it has not fundamentally overcome structural enforcement impediments. The increased authority, independence, and pressure on environmental authorities for stricter enforcement, does not seem to be matched with sufficient investment in resource capacity and support for regular procedural enforcement practices. In addition, the ad-hoc pressure on enforcement has undermined regular legal procedure and stimulated greater socio-economic inequality. These findings about pollution enforcement force us to question simplistic static generalizations of administrative law enforcement and instead develop both large-scale studies that map change over time as well as in-depth case studies that provide a thorough picture of actual practices on the ground. Moreover, the paper concludes that a true picture of administrative enforcement must move beyond looking at the enforcement itself, to looking at how it arrives at the regulated companies and shapes their compliance.

scholarly journals About Research of Administrative and Legal Regulation of Police Activity in the Sphere of Family and Household Relations

2020 ◽  
Vol 17 (3) ◽  
pp. 113-116
Author(s):  
Victor Sevryugin
Keyword(s):  
Law Enforcement ◽  
Family Relations ◽  
Practical Importance ◽  
Legal Regulation ◽  
Administrative Law ◽  
State University ◽  
Monographic Study ◽  
Family And Household ◽  
Police Activity ◽  
Law Making

Introduction. A.A. Gaidukov prepared a monographic study of the administrative and legal regulation of the police in the field of family relations – the dissertation “Administrative and legal regulation of the police in the prevention and suppression of offenses in the field of family relations”, which he submitted for the degree of candidate of legal sciences in the specialty 12.00.14 – administrative law; administrative process and successfully defended at a meeting of the dissertation council at Dostoevsky Omsk State University November 1, 2018. Results. The dissertation is independent completed scientific and qualification work, which contains a solution to an urgent scientific problem of important theoretical and practical importance for uki administrative law in general, and law-making, law enforcement, in particular.

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