Administrative Enforcement System Research

Administrative compulsory execution system is an important legal system in the field ofadministrative law in China, Its important role in guaranteeing the administrative decision tobe achieved in order to maintain social order and standardize administrative enforcement ofan important role in order to protect the legitimate rights and interests of citizens. Trace thehistory of the administrative enforcement system in China, it originated in the1913years ortwo years of the republic of China, the Beijing government’s administrative execution law.But due to various reasons, in the period after the founding of new China to the reform andopening up, China’s administrative compulsory execution system does not exist. Theadministrative compulsory execution system began in the early80s, the logo is according tothe civil procedure law (try out)"the provisions of article3, the court in the trial may bring asuit in a people’s court of administrative case law in civil enforcement procedure shall apply.In subsequent years issued many laws and regulations to administrative compulsory executionproblem be specialized terms stipulated, it marks the administrative compulsory execution hasbecome an important legal system in our country. And in1989formulated the administrativeprocedural law article66of administrative enforcement is subject to the uniform rules, it alsosuggests that the administrative enforcement system has been initially formed.But due to thelack of administrative compulsory execution of the general law, there is no legal right toadministrative compulsory execution set unified provisions of the executive to enforce rightsand the lack of procedural rules, China’s administrative compulsory execution system inpractice"scattered""abuse,""soft" three issues. To effectively solve these three problemsAdministrative Enforcement Law legislative, the executive and the legislature from the1996study group research and test the draft date, and legislators after16promulgated theAdministrative Enforcement Law enacted in2011, this lawenacted can be described asanother milestone in the history of the development of administrative law, scholars with theAdministrative Licensing Law, the administrative Punishment Law and called theadministrative Law trilogy of our administrative compulsory execution system. thesignificance is no trivial matter, makes not only have a unified law to administrativecompulsory execution, but also to make up for a lack of legal provisions in the setting,enforcement proceduresof administrative compulsory execution regimes blank.Administrative Enforcement Law promulgated and implemented, our administrative compulsory execution of the status, are going to be faced with the kind of predicament, andhow to crack the predicament facing, this will be the focus of this study, this writingpurpose.Remove the introduction is divided into four parts: the first part is the administrativecompulsory execution overview basic theory introduced in this part of the system ofadministrative compulsory execution, its concepts and features, administrative compulsoryexecution and other coercive actsdistinction and analyzed as to their nature. The second partof administrative compulsory execution regimes historical development and current situationanalysis traces the historical development of administrative compulsory execution system inthis part of the first sort out the ins and outs of our administrative compulsory executionsystem, the subsequent administrative compulsory execution system the status quo, after theenactment of the administrative Enforcement Law, which improved what predicament theyfaced in the practice. The third part is the extraterritorial administrative enforcement systeminvestigated, first examine the history of the development of extra-territorial administrativecompulsory execution system, followed by several the representative national administrativecompulsory execution system introduced, and finally, on the basis of the above investigation,summarize extraterritorial administrative compulsory execution system which experience wecan learn from. The fourth part is crack the administrative compulsory execution systemdilemma recommendations, the part based on based on the condition of our country, to learnfrom foreign experience and made some suggestions on improving our administrativecompulsory execution system, and want to be able to perfect the system of administrativecompulsory execution the help.