Research On Administrative Substitutive Fulfillment

Administrative Enforcement Law was promulgated on June30,2011. There is a special section to specify the administrative substitutive fulfillment. This reflects our country attaches great importance to the administrative substitutive fulfillment. Administrative substitutive fulfillment not only safeguards the egal rights of citizens, legal persons and other organizations, but also ensures that the executive authorities perform their duties in accordance with the law and maintain effective implementation of administrative law. It resolves the "soft" issues in administrative enforcement to some extent. Administrative substitutive fulfillment is widely used in our country and it plays a role in all aspects of protection of traffic safety, prevention of environmental pollution and conservation of natural resources. However, for China’s legal reality, the legalization degree of administrative substitutive fulfillment is so weak, theoretical study is not enough, legislative concepts are falling behind, and judicial application is confused. This article is based on the urgent need of administrative substitutive fulfillment theory and practice development, so it uses analysis, comparison, and summarized research methods to try to investigate administrative substitutive fulfillment on theory, and on this basis it proposes some recommendations to modify and improve China’s existing administrative substitutive fulfillment. In addition to the introduction and conclusion, the body is divided into five parts:The first part carries out a brief overview of administrative substitutive fulfillment from the meaning, characteristics, implementation conditions, and tripartite legal relationship.The second part compares the substitutive fulfillment in administrative law and civil law, and it draws lessons and inspire from the process.The third part gets a series of problems that currently exist in our country administrative substitutive fulfillment on the basis of legislation theoretical analysis and practical overview.The fourth part by comparing legislation of administrative substitutive fulfillment in Germany, Japan and Korea to summed up the advanced experience of foreign countries.At last, this article makes several suggestions of building our country administrative substitutive fulfillment system. It needs to improve the program of administrative substitutive fulfillment, and make constructive suggestions of administrative substitutive fulfillment relief system.