On The Administration To Force The Implementation Of The Generation Of Fulfillment

At present,China lacks a unified legislation on administrative enforcement,but generation performance (also known as generation execution) system is practiced in many domains such as transportation and environment protection,and the relevant regulations are scattered in laws regulations and legislative documents of other levels. In practice our generation perform system more legislation by the Japanese, but from the "compulsory administrative law (draft) "perspective, the legislative branch adopted the German compulsory administrative legislation mode, and to perform the administrative authorities itself will be ruled out. In administrative law theory, the relevant administrative compulsory and theoretical studies of performance system was weak. This paper compared with civil to perform system Angle, analyzes its existing legal basis for the perform tripartite legal relationship, legal remedy to explain and clarify, clear generation, this paper discusses the legal status to perform for the space of complete system performance.The first part is the generation of administrative enforcement from the civil law system performance from civil legal system, by comparing with the third person to perform the administrative area of generation to perform, trying to reveal and clarify the nature of the administrative and perform system, and proposes the design of the system with reference to the intention pattern.The second part describes the value and meaning of generation performance. And further clarifies generation performance in administrative enforcement to the practical significance, also highlighted the administrative enforcement to perform in administration management and the important role.The third part is the major countries and regions at home and abroad to perform the administrative and legislative situation, through the absorption and learning advanced system, China's legislation and practice experience, further perfect and provide performance system, make it better adapt to the current situation of our country and for legislation intended service.The fourth part is the generation of administrative compulsion legislation, performance in this part, this paper further shows the performance of administrative and legislative practice, concept definition and generation perform application conditions. Through the elaboration of further clear generation essence, for system performance lays the foundation.The fifth part is generation performance in the analysis of the tripartite legal relation of administrative organs, administrative, and a third person relative legal relationship tripartite subject studied, in order to more accurately understanding, grasp and perform system.The sixth part is the generation of the third party to perform the selected system of main body. In this part, further clarify the legal status of the third party, grasp tripartite legal relationship, but also for other parts of the article lays the theoretical foundation,The 7th part is the key core part, the system of research is to have a good perfect system design, this paper, in this part of the system of administrative enforcement for performing a system design attempt to generation perform system better adapt to actual needs.The 8th part,the last part,is full of relief for execution. From different angles and aspects of relief, analyzed and comprehensive protection execution administrative relative person's rights and interests.