Administrative Prompt Coercion Relief System Research

The research of administrative prompt coercion in China starts late,scholars define administrative prompt coercion from the different angle.In general, the administrative prompt coercion means, in major accidentsand disasters or serious threat to the public interests and personalinterests of an emergency situation, specific administrative subject inorder to safeguard public interests and personal interests, take actionquickly and timely toward the administrative relative person, in orderto achieve the anticipated target, it is the specific administrative act.Administrative prompt coercion mainly aims at the occurrence of anemergency, it can efficiently mobilize resources, solves the problem ofsudden, maximize the protection of public and personal interests. And itsfour characteristics, administrative, immediacy, discretion and invadebenefit as well as the principle of legal administration, determines therelief of administrative prompt coercion with the necessity of reality.According to the current laws and regulations in China, when therelative person’s legitimate rights and interests are damaged by theadministrative prompt coercion behavior, the relative person shall beentitled to seek administrative review, administrative litigation,national compensation and other relief ways, but these relief ways havesome problems, such as there is a certain lack of the burden of proof ofadministrative prompt coercion proceedings and legal proceedings. And theadministrative prompt coercion research outside is relatively mature, thelegal remedy system in USA, specific legislation of Germany and unifiedlegislative mode in Taiwan can provide important reference for theimprovement of the system of administrative prompt coercion relief.According to the existing problem of the administrative promptcoercion relief system in China, as well as the experience of the outside,our country administrative prompt coercion relief system can be perfectedfrom the following several aspects. Firstly need to unifiedadministrative prompt coercion legislation, secondly perfect the burdenof proof in administrative prompt coercion proceedings, judicialproceedings, etc. And finally consummates our country administrativeprompt coercion compensation system from the aspects of constitutive requirements, scope of compensation, compensation standard and so on.On this basis, the article is divided into five parts, the first dealswith the basic theory of administrative prompt coercion relief; Secondlyanalyzes present situation and existing problems in administrative promptcoercion relief; then discuss the worthy reference from theadministrative prompt coercion relief system outside for our country;based on the analysis of the front three parts above, put forward the corepart: suggestions of perfecting our country’s administrative promptcoercion relief system; finally expressed his best wishes to theperfecting legal system in our country.