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行政权为公权力,源于公民权利让渡和委托,有为社会和公民提供好社会产品和服务责任。行政权应为公民权利的实现创造条件,然在实际的行使过程中,行政权力却时常侵犯公民权利。文章就行政权即行政执法权作概述,后就行政执法过程中存在诸如执法趋利、执法主体服务与法律意识不强、行政立法质量不高、缺乏可操作性、执法冲突、救济渠道不完善、公民参与不足、执法监督乏力等造成公民权利受到侵犯等问题进行分析阐述,最后就如何防范在行政执法权行使过程中,公权力对公民私权利侵犯,从个人及国家制度层面提出相应对策。
Administrative power for the public authority, from the transfer of civil rights and entrusted, for the community and citizens to provide a good social product and service responsibilities. Administrative power should create the conditions for the realization of civil rights. However, in actual exercise, administrative power often violates civil rights. The article summarizes the executive power, that is, the administrative law enforcement power. There are some problems in the process of administrative law enforcement, such as law enforcement and law enforcement, lack of law enforcement service and legal consciousness, low quality of administrative legislation, lack of maneuverability, law enforcement conflicts, imperfect relief channels, Lack of participation of citizens, lack of supervision on law enforcement and other issues that result in the infringement of civil rights. Finally, how to prevent public infringement on civil and private rights during the exercise of administrative enforcement power and put forward corresponding countermeasures from the individual and state level.