Interest Balance In Administrative Compulsory

Administrative compulsory is a quite important system by which the administration departments can perform their duty in law successfully, make the society and economy in order and protect the public and private interest. However, it is not a perfect system in China. Therefore, there are so many problems in the course of implementation especially in balance of interest. It is shown that the pubic interest and the private interest is often unbalance in administrative compulsory. If the unbalance estate can not be adjusted and modified, the opposition between government and private part would be worse even become a rivalry and destroy social harmonization. Therefore, only balance and maintain interest, the problems of administrative compulsory can be saved radically. Since the scope of administrative compulsory is very abroad that we only research government compulsory housebreaking on the background of the area of Sanxia housebreaking. In order to actualize balance of interest, which must be protected availably, the article analyzes interest which have be distributed in administrative compulsory, study the tropism of value, ascertain the standard of public interest, and investigate the distribution of rights and obligations between government and private part.The preface introduced the background of social reality and present research involved with the topic, then the author clarified some important categories appeared in the following parts, and finally the preface explained the logic through the whole thesis.The first part is the analyses to expound the interest, which is divided into public interest and private interest, and expatiate the relationship between interests.The second part is the analyses to the actuality of performance of the balance of interest of the system of Administrative Compulsory and expatiate the corner of the system in balance of interests in law.The third part puts forward with some suggestions towards the reform on law and politics, concluding two aspects, the legislation and the course of execution, in order to realize the balance of interest by law.The last part of the article summarized the thesis.