The transformation of administration from "management" to "law enforcement" is the product of China's economic system reform and political system reform for more than 20 years, and it is a sign that China has gradually moved from the rule of man for thousands of years to the rule of law. The "law enforcement" nature and "rule of law" characteristics of administration are determined by the development goals and strategies of countries that practice market economy, democratic politics and rule of law. "Administrative law enforcement" may have different meanings on different occasions, but its essence is that the administrative subject should have a legal basis for implementing administrative acts, that is, law enforcement (the will of the people) rather than the will of the chief executive, and that it is regulated and restricted by law rather than arbitrary. For a long time to come, we must continue to promote the reform of administrative law enforcement. The reform is all-round, involving not only the ways and methods of law enforcement, but also the law enforcement system, law enforcement scope, law enforcement objectives and the relationship between law enforcement subjects and law enforcement counterparts, which is the reform of the whole law enforcement mechanism.

Keywords: administrative law enforcement, administrative management, administrative behavior, administrative system, administrative law enforcement mechanism

I. Great transformation: from "management" to "law enforcement"

For a long time, people always equate administration with management. The so-called "Zhao Gong and Duke Zhou Administration" in China ancient books refers to the administration of the National Government 1. There are two definitions of administration in Chinese Dictionary: one is "to be in charge of state power and manage state affairs"; The second is "internal management of organs, enterprises and groups". It can be seen that administration refers to management in ancient and modern times, and management can be described as "administration" both inside and outside. In the works and dictionaries of many foreign scholars, administration and management are usually equivalent. For example, in his book "German General Administrative Law", the German scholar Yu said that the word "administration" is often used in other places besides public law, such as "family management" and "property management". The administration mentioned here (as the subject of administrative law) is the "public administration" (public management) of the state machine and its organization. Administrative law scholars in the former Soviet Union not only equated administration with management, but also defined administrative law as "management law".

Although administration has long been regarded as management, or public management and state management. However, before the western bourgeois revolution, administration usually refers to the management of all government affairs of the country, and refers to the management of the whole state affairs. After the bourgeois revolution in the west, the legislative, administrative and judicial powers were separated, and the administrative only refers to the state management except the legislative and judicial. Many traditional western administrative jurists define administration in this way: the so-called administration is a function (function, activity and behavior) of the state (and other public power subjects) except legislation and justice. As for the essence and content of administration, state functions (functions, activities and behaviors) can be summarized as implementation and management. The so-called implementation can include the implementation of laws, policies, orders, instructions, resolutions and decisions. The so-called management can include organizing, directing, issuing orders, prohibiting, implementing licenses, collecting, supervising, inspecting, punishing and forcing violators, and so on.

Law enforcement is not equal to law enforcement. The proportion of law enforcement in execution determines the nature of administration. Although ancient administration can be defined as the overall management of the country by the government, it is administration in a broad sense. In ancient times, there was also a narrow sense of administration, excluding macro-decision-making. Macro-decision-making is the behavior of the king (emperor) as the supreme ruler, while administration in a narrow sense is the activities of bureaucrats under the king to carry out the orders and instructions of the king, and bureaucrats at lower levels to carry out the orders and instructions of bureaucrats at higher levels to manage the specific affairs of the country. Although there were some laws in ancient society (some countries may have more laws and some countries may have fewer laws, but it is impossible to have countries without laws), the number is undoubtedly very small (mainly criminal laws), and there was generally no special legislature elected by the people to reflect the people's will in ancient times (especially in eastern countries like China). Therefore, the administration of ancient bureaucrats was mainly (or basically) to carry out the orders and instructions of the supreme ruler and superior bureaucrats, not the law. Even if there is a little law enforcement, it will not affect the overall nature of ancient administration at all. Ancient administration as a whole can only be administrative management, but not "administrative law enforcement".

In modern times, state affairs are divided into legislative, administrative and judicial departments. Theoretically speaking, administration, as execution and management, should mainly be law enforcement, and its management should mainly be law enforcement. Of course, in addition to laws, administrative organs should also implement the policies formulated by the central government and higher-level governments, the resolutions and decisions made by administrative organs at the same level, and the orders and instructions of the Chief Executive. The functions and tasks of administration are various. However, no matter how many functions and tasks there are, law enforcement should be the basic element of modern administration. But in fact, due to different national conditions and different levels of democracy and rule of law, the proportion of administrative law enforcement in different countries is still very different. The rulers of some countries attach importance to the rule of law and have formulated relatively perfect laws in all aspects and fields. So the administration of these countries is mainly law enforcement, and the essence of their administration is administrative law enforcement. In other countries, rulers despise the law, and they are used to replacing the law with policies, orders and words. Although these countries have legislatures, most of them only pay attention to their forms and don't expect it to play much role. Naturally, it is impossible for these countries to have complete laws, and even if there are some such laws, they are not prepared to put them into practice. Therefore, the administrative management of these countries is mainly not to implement laws, but to implement the orders and instructions of leaders and the policies of rulers. The essence of its administration is to manage society and relative people according to the arbitrary and often capricious will of leaders and rulers, but not administrative law enforcement.

In the era of planned economy in China, the state organs also had legislative organs, administrative organs and judicial organs, but as the legislature, the National People's Congress seldom legislated or even held meetings, and rarely formulated and issued resolutions and decisions. Therefore, the basic function and task of administration is not to enforce the law or the resolutions and decisions of people's representative organs, but to implement the party's policies, government plans, leaders' instructions and orders from superiors. The basis of administration is mainly red-headed documents and the instructions and orders of the Chief Executive. Until the late 1970s and early 1980s, China's administrative fields (public security, industry and commerce, transportation, urban construction, taxation, customs, trade, commodity inspection, environmental protection, quality supervision, metrology, medicine, health, culture, education, science and technology, sports, etc. ) is still in a state of basic impossibility or even complete impossibility. At this time, administration is only "management" (administrative management), not "administration". The transformation of China administration from "management" to "law enforcement" (that is, the fundamental transformation in essence) began in the mid-1980s. 1984, Comrade Peng Zhen, then Chairman of the National People's Congress Standing Committee (NPCSC), made it clear at the symposium with reporters that our country should start a historic transformation: "We should gradually transition from relying on policies to not only relying on policies, but also establishing and perfecting the legal system and handling affairs according to law" .8. Since then, national legislation, especially in the administrative field, has obviously accelerated its pace. From 1984 to 1990, hundreds of laws and important administrative regulations have been formulated. These include:

Involved in public security management are: Law on the Entry and Exit of Citizens, Law on the Entry and Exit of Foreigners, Law on Assemblies, Demonstrations, Law on Guarding State Secrets, Regulations on Administrative Penalties for Public Security, Regulations on Fire Control, Regulations on Resident Identity Cards, Regulations on Road Traffic Management, Regulations on the Administration of Civil Explosives, etc.

Involved in industrial and commercial and tax administration are: Regulations on the Registration of Enterprise Legal Persons, Regulations on the Administration of Advertising, Interim Provisions on the Registration of Industrial and Commercial Enterprise Names, Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households, Provisional Regulations on Private Enterprises, Provisional Regulations on Administrative Punishment of Speculation, Agricultural Tax Regulations, Regulations on Consolidated Industrial and Commercial Tax, Regulations on Product Tax and Regulations on Value-added Tax, etc.

Involved in foreign trade and economic cooperation management are: foreign-capital enterprise law, Chinese-foreign cooperative enterprise law, foreign-related economic contract law, import and export commodity inspection law, provisional regulations on the licensing system for imported goods, interim measures for the management of small-scale border trade, and regulations on the management of technology import contracts.

Involved in medical and health management are: frontier health and quarantine law, infectious disease prevention law, drug administration law, public health management regulations, medical accident handling measures, school health work regulations, cosmetics hygiene supervision regulations, narcotic drugs management measures, toxic drugs for medical use management measures, psychotropic drugs management measures.

Involved in customs management are: customs law, customs regulations, detailed rules for the implementation of administrative punishment in customs law, and provisions on the use of weapons and police equipment by customs staff.

There are grassland law, forest law, fishery law, wildlife protection law, seed management regulations, livestock and poultry epidemic prevention regulations, veterinary drug management regulations, forest fire prevention regulations, forest pest control regulations, etc.

Involved in the management of land, water and mineral resources are: land management law, water law, mineral resources law, river management regulations, land reclamation regulations, interim measures for the registration and management of mineral resources exploration, interim measures for the supervision and management of mineral resources, etc.

Involved in urban construction and environmental protection management are: urban planning law, regulations on place names management, environmental protection law, water pollution prevention law, air pollution prevention law, temporary regulations on scenic spots management, regulations on environmental noise pollution prevention and control, etc.

Involved in transportation and post and telecommunications management are: Postal Law, Waterway Transportation Management Regulations, Waterway Management Regulations, Highway Management Regulations, Fishing Port Water Traffic Safety Management Regulations, Railway Transportation Safety Protection Regulations, Railway Traffic Quarantine Management Measures, Interim Provisions on Civil Airport Management, Interim Provisions on Compensation for Body Damage of Domestic Air Transport Passengers, etc.

Involved in the management of education, science, technology, culture and sports are: education law, interim provisions on the management responsibilities of higher education, interim regulations on the establishment of ordinary colleges and universities, interim regulations on the work of eliminating illiteracy, interim regulations on the self-study examination of higher education, regulations on the work of school sports, regulations on the management of kindergartens, regulations on the protection of radio and television facilities, regulations on the protection and management of underwater cultural relics, law on technology contracts, regulations on the award of scientific and technological progress, interim provisions on technology transfer, and some regulations on further promoting the reform of science and technology system.

Involved in national defense and foreign affairs management are: Military Service Law, China People's Liberation Army Officers' Rank Regulations, Chinese People's Liberation Army Officers' Service Regulations, Military Facilities Protection Regulations, Conscription Regulations, China People's Liberation Army Servicemen's Service Regulations, Diplomatic Privileges and Immunities Regulations, Foreign Journalists and Foreign Resident News Agencies Management Regulations, etc.

Since 1990s, China has further accelerated the legislative pace of administrative law. Not only the departmental administrative law has been gradually improved, but also the basic laws as the pillars of the basic system of administrative law have been gradually formulated and improved, such as the administrative procedure law, the administrative reconsideration law, the administrative punishment law, the state compensation law, the administrative supervision law, the legislative law, the organization law of the State Council, and the local organization law.

As the pillar of the basic system of administrative law, the basic law and departmental administrative law are not completely different. First of all, departmental administrative law only applies to the corresponding administrative departments or fields, while basic administrative law applies to all or more administrative departments. For example, the Regulations on Administrative Penalties for Public Security, as a departmental administrative law, only applies to the field of public security management, while the Law on Administrative Penalties, as a basic law of administrative law, applies to the administrative penalties of all administrative departments (public security, industry and commerce, customs, taxation, culture, education, science and technology, etc.). ), and the administrative procedure law, as the basic law of administrative law, not only applies to all administrative punishments of administrative departments, but also applies to all administrative actions of all administrative departments. Secondly, departmental administrative law usually only provides legal basis for the administrative management of various administrative departments, while basic administrative law also provides legal basis for the whole administrative legal supervision, administrative responsibility and administrative relief. Such as administrative supervision law, administrative litigation law, administrative reconsideration law, state compensation law, etc., provide a legal basis for the supervision of administrative acts, the accountability of administrative organs and their staff for illegal dereliction of duty, and the relief of administrative counterparts whose legitimate rights and interests have been violated. Third, departmental administrative law provides direct impetus and conditions for the transformation of administration from "management" to "law enforcement". Without departmental administrative law, law enforcement loses its premise: the corresponding departments and administrative fields have no laws and cannot be implemented, and they can only act in accordance with policies and instructions of the chief executive, and "management" cannot be transformed into "law enforcement"; The basic administrative law provides impetus and conditions for the improvement of departmental administrative law, because administrative reconsideration, administrative litigation and state compensation have initiated the legality review of administrative actions of various departments. If a department's administrative law is not perfect, the pressure of compensation will prompt the department to improve and perfect its administrative law as soon as possible, and the administrative basic law such as the Administrative Procedure Law can also guide the improvement and perfection of the administrative law of the department.

Over the past 20 years of reform and opening up, many laws, regulations and rules have been promulgated by various administrative departments and fields in China. Although it has not reached the level of perfection, some departments (such as news, publishing, associations, etc. ) may not be perfect, but on the whole, it should be regarded as a preliminary realization of the law. As far as basic administrative law is concerned, as the backbone of the administrative law system, most basic laws have been formulated, and the systems designed by these laws (such as administrative reconsideration system and administrative litigation system) have also begun to operate one after another. Therefore, on the whole, China's administration should be regarded as a preliminary transformation from "management" to "law enforcement" and from "rule of man" to "rule of law", and "administrative management" has been transformed into "administrative law enforcement" to a great extent.