我国执法权配置的法律实证分析

执法权是国家权力体系中最活跃、最重要的一项权力,其行使的得当与否与每个公民的切身利益息息相关。然而,从目前的情况看,我国执法权的行使还存在着令人忧虑的问题:一方面执法权交叉重叠;另一方面执法权又行使不力。造成这一结果的直接原因是我国的法律制度在执法权配置上存在漏洞,即现行立法过多迁就旧的行政管理体制,过于强调部门的利益,执法权被支解,执法主体过多过滥;同时现行法律制度过于注重对执法行为的约束,忽略执法权的科学配置。这些问题都有待于在我国的立法过程中逐步得到解决,即加强与完善我国各级政府的组织立法,规范各级执法权。

Analysis on the Law System about the Power of Executing the Law

Law enforcement power is the most important and active power of the state power system.Whether or not law enforcement power can be exercised appropriately has a bearing on immediate interests of every citizen.Unfortunately,there are two worrisome problems,which not only have an effect on the efficiency of law enforcement but also damage the government's image,in the process of exercising law enforcement power.The first is the overlap of law enforcement powers.The other is the weakness of law enforcement power.The reasons of this phenomenon include that fact that the legislation has to overly accommodate the old administration and to overemphasize the interest of administration so that law enforcement agency becomes more and more unwieldy and that law enforcement power is broken up into trivial parts.In addition,the legislation lacks effective institutional restraint so that law enforcement agencies are redundant.Finally,the focus is excessively on restraint on law enforcement act and neglect the scientific distribution of law enforcement power in the process of legislation.The above problems can be solved gradually by strengthening and improving organizational law of local governments and standardizing law enforcement power at different levels.