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"Administrative Enforcement" Of The Application And Impact

Posted on:2014-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:B KangFull Text:PDF
GTID:2266330422466978Subject:Law
Abstract/Summary:PDF Full Text Request
The Administrative Enforcement refers to the administrative organ or theadministrative organ for the people’s court for non-performance of administrativedecisions of citizens, legal persons or other organizations that perform obligations tothe force of law.As an important system in the field of administrative law, would havea negligible significance in the field of administrative management, to ensure that theadministrative decision be achieved final played a pivotal role.The experience alsoshows that of the modern state of law, Administrative Enforcement generally used asthe executive authorities to maintain social order, to achieve more effectivemanagement of administrative purposes,However, the ensuing party personal andproperty rights violations has become an indisputable fact.How to find a balancebetween the rights of the individual administrative enforcement powers of nationalpublic authorities and citizens, is undoubtedly the focus of attention by theadministrative state under the rule of law. Has been highly concerned about the social,drafting the review of several drafts of the administrative enforcement of the People’sRepublic of China "Total is also a positive response to this focus, the developmentprocess is between public power and private rights to find a balance point in theprocess, the reason will be so difficult, the reason lies in between the two to keep thegame."Administrative Enforcement Law" was promulgated to make up the field ofadministrative law on compulsory administrative blank,"Administrative EnforcementLaw" was promulgated to make up the field of administrative law on the administrativeenforcement of the blank, to improve the administrative enforcement system, specification of theexecutive coercion, safeguard public interests and social order, the protection of citizens, legalpersons and otherthe legitimate rights and interests of organizations had a huge impact.In the implementation of the Administrative Enforcement Law more than a year,we can see that he is playing a positive role in restricting the behavior of theAdministrative Enforcement, Administrative Enforcement rights abuse situation has been effectively curbed, it is undeniable that stilllittle system is not perfect, there havebeen problems of one kind in convergence with departmental laws, this is a problemto be dealt in the long-term practice.This is also where the purpose of writing thisarticle, want to be able to sort out the "administrative enforcement" more than a yearsince the implementation of the field of administrative enforcement, to better promotethe process of China’s administrative rule of law.
Keywords/Search Tags:Administrative Enforcement, Executive power setting, Implementation ofthe main mode, Administrative enforcement proceedings
PDF Full Text Request
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