Administrative Enforcement Of The Study

On December 26, 2005, the 19th conference of the tenth session of the Standing Committee of the National People's Congress has considered the Administrative Compulsory Law(Draft), which is an important law that regulates the government behavior and safeguards the citizen individual legitimate rights and interests after the Administrative Punishment Law, and is also an important constituent part in our administrative law system.The administrative enforcement system which is an important legal system and an important question of the administrative law theory plays an important role in most countries'law system. Because of the difference of history,the political system,the economical system and the legal culture, every country has its own administrative enforcement system. This article makes a comparison between the mainland legal system country and the English America legal system country, then the author points out the defects of the administrative enforcement system in our country and try to put forward some proposals. This article is divided into three parts:ParⅠ: The elementary theory of the administrative enforcement. Starting with the background of the administrative enforcement, the author points out that it is an inevitable result of the social devolepment and an inevitable request of the administrative function expansion. Then, basing on analyzing several representative viewpoints in our-country, the author defines the administrative enforcement. Simultaneously the author analyzes its legal character as well as the difference among the correlative concept. After that, according to our actual situation, the author classifys the administrative enforcement, and divides into indirect enforcement and direct enforcement as well as the administrative enforcement paying the money and the administrative enforcement of the behavior duty, and elaborates and analysis the latter king of classification in detail.PartⅡ: The comparison research of the foreign administrative enforcement system. As a law system, the administrative enforcement originates from the west. Basing on the comparison research of the foreign administrative enforcement, the author analysis it from the ordinary legal system country and the mainland legal system country.PartⅢ: The present situation, the flaws and the consummation of our administrative enforcement. Firstly the author introduces the production and the development process of our administrative enforcement briefly, and thinks the present administrative enforcement system emerges after the reform and open policy and the product of the system transformation and the administrative action way change then.Then the author analyses the present situation and the reason of our administrative enforcement. Basing on the foregoing analysis and elaboration, the author expounds the existing questions of our present administrative enforcement in detail and proposes some concrete measures to consummate our administrative enforcement system.Firstly, retaining the present administrative enforcement system, reasonbly dividing the enforcement power between the administrative enforcement in detail and proposes some concrete measures to consummate our administrative enforcement system.Secondly, changing the provision that the law regulates the administrative organ which exercises the administrative enforcement power, continue to maintain the original Jaws and regulations that stipulates the enforcement power of the administrative organ.Thirdly, establishing the system of stopping carrying out for the principle and non-stopping carrying out for the exception during the period of administrative review and administrative proceedings.Finally, establishing the system of the administrative and the judicial relief. At present there are three kinds of relief pattems of the administrative enforcement in the world: Administrative relief; Judicial relief; Administrative and judicial relief. The shortcoming of the first two kinds of relief pattems is extremely obvious, it is not suit for our national condition, only the third kind of pattem can provide the perfect and comprehensive relief way for the lititgants, and guarantee the fair of the administrative enforcement, therefore it is the best choice.