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官僚等级制下的行政执法只在本部门管辖范围内行使执法权力,而权力是存在边界的,边界之间存在交叉地带和真空地带,当出现跨界公共问题时,就会发生权限冲突,它是多种因素作用的结果,其中“法律打架”首当其冲。虽然我国探索出多条解决方法,但依然存在不少缺陷,我们可以从五条路径入手解决行政执法权限冲突,分别是完善立法的途径,争议裁决的途径,行政协调的途径,消除执法利益,打造高素质执法队伍的途径以及跨部门合作的途径。
The administrative law enforcement under the bureaucratic hierarchy only exercises law enforcement powers within the jurisdiction of the department, while the power exists on the boundary. Cross-border and vacuum areas exist between the boundaries. When a cross-boundary public problem arises, an authority conflict occurs. Is the result of many factors, of which “legal fight ” bear the brunt. Although many solutions have been explored in our country, there are still many shortcomings. We can start with the five paths to resolve conflicts of competence in administrative law enforcement. They are ways of perfecting legislation, ways of dispute adjudication, ways of administrative coordination, eliminating the benefits of law enforcement and building Ways and means of high-quality law enforcement team and cross-sectoral cooperation.