On The Administrative Enforcement

In recent years, the administrative enforcement in the field of administrative law, has become a hot issue. Administrative enforcement is an essential system of state administration and administrative enforcement of the effectiveness of the effective functioning of the executive as well as the public interest, the maintenance of social order plays an important influence. As the administrative enforcement has its own characteristics, that is, its mandatory, therefore, the lack of standardized control, will affect the fairness of the law, we have been unremitting efforts to build a legal system will also be subject to different degrees.This paper is divided into five major sections. The first part, from the administrative enforcement of the theory outlined in starting, respectively, from the administrative enforcement of the concept of the nature of administrative enforcement, administrative enforcement of the characteristics of the significance of the Administrative Enforcement study of these four aspects of administrative enforcement of the basic theory of described. The second part of the administrative enforcement of foreign comparative study of the system, mainly from the Anglo-American legal systems of civil law with the perspective of research, analysis of multiple state administrative laws and regulations to enforce the development process, combined with the theory of administrative law in China and China's rule of administrative law practice,For China's current legislative status of the executive force, from the sound point of view put forward some suggestions too. The third part of the executive to enforce the type of the characteristics of its various forms described, the type of administrative enforcement of the prior model, respectively the Chief Executive, during the review-type implementation, v. period-type implementation, track-type action-type implementation, the relative choice type implementation, the implementation of specific behavioral, the court ruled that based implementation, the implementation of effective decision-type, each type has its own characteristics, some of which type has its irrational aspects. The fourth part, the status of Administrative Enforcement in China In China, the administration is proactive than theAdministrative Enforcement of available means in its mandatory implementation it is possible to executive counterpart would infringe legitimate rights and interests of the efficient implementation of the administrative activities, the effective exercise of executive power with the executive relative to avoid infringe upon the interests of persons under the premise of how to exercise the executive powers that have a mandatory, has been troubled by administrative law scholars in difficulties. To this end, the author from our present situation of administrative enforcement, administrative enforcement of a number of issues for analysis in the hope of administrative enforcement system, and make some contribution to the development and improvement.This paper is divided into five major sections. The first part, from the administrative enforcement of the theory outlined in starting, respectively, from the administrative enforcement of the concept of the nature of administrative enforcement, administrative enforcement of the characteristics of the significance of the Administrative Enforcement study of these four aspects of administrative enforcement of the basic theory of described. The second part of the administrative enforcement of foreign comparative study of the system, mainly from the Anglo-American legal.systems of civil law with the perspective of research, analysis of multiple state administrative laws and regulations to enforce the development process, combined with the theory of administrative law in China and China's rule of administrative law practice,For China's current legislative status of the executive force, from the sound point of view put forward some suggestions too. The third part of the executive to enforce the type of the characteristics of its various forms described, the type of administrative enforcement of the prior model, respectively the Chief Executive, during the review-type implementation, v. period-type implementation, track-type action-type implementation, the relative choice type implementation, the implementation of specific behavioral, the court ruled that based implementation, the implementation of effective decision-type, each type has its own characteristics, some of which type has its irrational aspects. The fourth part, the status of Administrative Enforcement in China In China, the administration is proactive than the Stronger and more widely in the areas of behavior, including the state administrative organs according to the country and all social and public affairs management.In China's administrative enforcement system, in accordance with the executive powers of enforcement and monitoring of people's court for enforcement of all there are many loopholes, thus resulting in the implementation of injustice, the implementation of law and the relative rights of the aggrieved person can not find relief after the way phenomenon. Part V, Administrative Enforcement in China put forward a sound proposal. Administrative enforcement system, even though in many ways where there is unreasonable, but we still can not fundamental to this system in a comprehensive...