Studies On Prompt Procedure Of Administrative Compulsory Enforcement

On June30,2011, the twenty-first meeting of the Eleventh National People’s Congress passed the Administrative Compulsory Law of People Republic of China (herein after referred to as the Administrative Compulsory Law) and was implemented since January,1,2012. It was finally passed after12years. This is an important event in the development process of our administrative legal system, and is of great importance for the improvement of the socialist legal system with Chinese characteristics, and is also an important milestone in the course of comprehensively promoting administration according to law.There is no social order without enforcement. But the Administrative Compulsory Law does not indulge enforcement, and it is a law of standardizing the enforcement. The prompt procedure is specially stipulated in the administrative compulsory enforcement procedure in the Administrative Compulsory Law. This is an innovation to our county’s legislation in the administrative compulsory enforcement. Prompting the parties to fulfill administrative obligations conscientiously is to achieve the same purpose with administrative compulsory enforcement through flexible management and set up a harmonious and orderly dialogue platform, which is the reflection and implement of the legitimacy theory and balance theory of administrative procedures. However, prompt procedure is a new topic in the field of administrative law. So far, academic circle’s researching on prompt procedure is mainly dependent on the theoretical study of administrative compulsory enforcement and the theoretical results that merely take the prompt procedure as study object are relatively little. The author believes that although the Administrative Compulsory Law makes innovative provisions on prompt procedure, it exists shortcomings inevitably. The papers start from the analysis on prompt procedure and define the concepts and properties of prompt produce and expound on the theoretical basis and the necessity and feasibility of the establishing of prompt procedure, and comb through the relative stipulations of the Administrative Compulsory Law and come up with the shortcomings. I make a comparative analysis of the prompt system compared with other countries and regions, and propose some insights to explore and improve our country’s prompt procedure. The article is divided into five parts on the structure:In the first part of this article, the author summarizes the basic situation of prompt procedure. It includes the definition, the property and the basic theories of prompt procedure, which leading deep analysis what follows will explore.In the second part of this article, the author introduces the necessity and possibility of prompt procedure’s establishing. The necessity based on the three aspects:urgent need for the practice of administrative enforcement, the inevitable choice for human rights protection and conducive to the achievement of the purpose of Administrative Compulsory Law. The possibility is mainly expounded on the influence of traditional Confucian legal thought on the construction of the rule of law and the broad regime space in our country which is conductive to the construction of prompt procedure. In the third part of the article, the author analyzes the components of China’s prompt procedure in details combing with the law articles about the prompt system of the Administrative Compulsory Law. This section also introduces several special situations in the conducting of prompt procedure. Finally, referring to the provisions of the law articles, the author lists several deficiencies of prompt procedure to pave the way for the following measures to improve the procedure. The fourth part is mainly on the law analysis about the prompt procedure of other countries and Taiwan. China’s prompt procedure is the appropriate importation from the western countries’’warning’program in enforcement system. This section observes the related prompt systems and stipulations in administrative compulsory laws of Germany, Austria, Japan and Taiwan of China. The author expects to provide useful experience and reference for the improvement and practice of our country’s prompt system.At the end of the article, the author puts forward advices on the perfections of China’s prompt procedure. On the basis of the above, the section comes up with systematic and comprehensive countermeasures and suggestions and analyzes and narrates in details from six parts:strengthening the position of the prompt procedure, confirming the timing of the prompt procedure, perfecting others matters of the prompt procedure, adding the relief rights of the parties, rationalizing the internal links of the prompt procedure and setting appropriate deadline of prompt performance.