Study On The Reconciliation Agreement Of Administrative Enforcement

Administrative enforcement reconciliation refers to the administrative behavior conducted at administrative enforcement stage by the administrative organ and counterpart to reach reconciliation agreement about the obligations defined by the effectiveadministrative decision within the legal scope in accordance with legal procedures, so as to achieve administrative purpose. Limited by the traditional idea that "public power may not be disposed", the execution reconciliation, as punishment of administrative power, shall not be run in administrative enforcement process. However, with thechanges of domestic and foreign ideas and increase of governor-governed contradictions, as well as administrative inefficiencies caused by "difficult-to-execute”, the administrative objective fails to be achieved, thus it is necessary and feasible to establish the system of conciliation enforcement. The "Administrative enforcement law" introduced in2011is the important law to normalize compulsory administrative power and protect the counterpart’s legal rights; it sums up the administrative enforcement practice experience and makes innovation in many aspects of the system of administrative enforcement, including the creative establishment of administrative enforcementreconciliation by laws. However, of all the42rules, only one of them covers the enforcement reconciliation system, and the procedural norms, supervision mechanism and relief mechanism are not regulated, which is obviously not conducive to the realization of positive function of administrative enforcement reconciliation system. Therefore, it is absolutely necessary to think over and research the mechanism to implement administrative enforcement reconciliation in China. In this paper, the administrative enforcement reconciliation is theoretically and empirically studied, the insufficiency of laws established for enforcement reconciliation system and the corresponding poor operability in practice are analyzed, and then it is suggested to perfect administrative enforcement reconciliation system, in order to maximize the efficiency the premise of no violation of public interests in the process of enforcement reconciliation.