On Designing Of The System Of State Coercive Power

Coercive power is a invasive power of the state, it is for the formation and implementation of the legal obligation or duty, it is directed to citizens rights and it enables the State to force the citizens to obey the power of the state.As the most direct and effective power of the state powers, coercion power of state directly concerned the restriction and deprivation of the citizens' personal and property rights. How to control the coercion power of state is the main content of the system designing for coercion power of state, and the system designing for control is the basis of the control of coercion power of state. So, the system designing about coercion power of state is essential.The first part of the paper focuses on the general theory of coercion power of state, it firstly analyzed the definition of the national compulsory power behavior, and then infer to the definition of coercion power of state. On this basis, it studied the classification of coercion power of state and analyzed the relationship between this power and other related powers.The second part of this article discussed the principle of legality, the principle of proportionality and the principle of due process in the circumstance of coercion power of state, these principles are the lighthouse of the system designing of the coercion power of state and should be mandatory implemented in the system designing of the coercion power of state.The third part discussed the idea of establishing the state coercive power, the establishing of state coercive power must be for the purpose of maintaining order, its implementation must be conditioned on that the counterparty has destroyed the order and the intent of implementation is to maintain the order. In establishing the state coercive power, we must adhere to Principle of Reservation of Law and it must be established by law. Direct coercive power must not be established unless indirect coercive power cannot fulfill the administrative purpose, if the exercise of property is enough, we should not establish the state coercive power for exercising personal rights. If enforcement measures are enough to ensure the citizens to perform their obligations, we should not establish state coercive power measures.The fourth part of this article discussed the system idea for the implementation of the state coercive power and how to share or divide the power in implementing the state coercive power between the administration and the courts. In exercising the personal freedom rights, the rights to a house and the exercising of penalties, the implementation of the state coercive power must be carried out by the courts or be subject to judicial review by the courts. However, in the circumstance of emergency the exercising of the state coercive power should be vested in the executive branch. As to the procedures for the exercising of coercive power, warning system and settlement system must be especially reflected.The fifth part of this paper discussed the relief system for state coercive power. The existing public power relief system, cannot achieve full remedy for the citizen's rights. To achieve the full relief, we must realize "absolute non-contact" between the related party and the party responsible for public relief on the one hand, and we must consider the self-help arrangements in designing the relief system on the other hand. We should enhance the self-help ability of the counterparty by establishing and perfecting the "supporting the citizens'suing rights in relief system" and restrict the states abuse of power by establishing the citizens rights of resistance against public power.