On Legal Relief Of Administrative Prompt Coercion

Administrative Prompt Coercion is referring to this kind of enforcement measures that administrative subjects adopt in order to prevent certain emergencies and illegal activities in the process of administrative management activities. In essence, Administrative Prompt Coercion is one kind of administrative act involving exersice of special administrative power which may exhibit high probability of infringement of the rights of the administrative counterpart. Due to the lack of relating laws and regulations, this type of administrative act can not be regulated effectively, which result in great damage to the personal rights and property rights of the adminstrative counterpart. The modern democratic constitutionalism country take advocates the government by law, the safeguard human rights as the first essential meaning, the exercises of the state power must have the legal foudation. As a result, providing the administrative counterpart with sufficient as well as effective means of legal relief is in urgent need. In China, Administrative Prompt Coercion is commonly used in the practice of administrative management and give rise to a large number of legal disputes between the administrative subjects and counterparts. This kind of situation can be imputed to the lagging of legislation as well as the lack of intensity of the research in this field. The laws that are supposed to regulate legal relief means of Administrative Prompt Coercion is far from complete.This article choose the legal relief system of Administrative Prompt Coercion for research content, in reference to a large number of documents to begin with the basic theory of Administrative Prompt Coercion. By defining and analyzing the nature of this concept, explore necessity and probabilities of improving the legal relief system of iAdministrative Prompt Coercion n China.The paper is altogether divided into there parts, the first part introduces the definition of the administrative prompt coercion, distinguished from the administrative enforcement and administrative compulsory measures.The second part analyzes the importance of legal relief for the administrative counterpart involved in prompt coercion, both theoretically and practically.The third part gives the introduction of the existing ways of relief in western countries in comparison with the insufficiency of our country. And based on the above-mentioned theories and principles, propose some feasible countermeasures about the legal relief for the administrative counterpart.