Study On The Standardization Of Administrative Enforcement In China

The standardization of the compulsory administrative execution relates to whether the administrativeorgans have a scientific system designed to guide the practice the administrative enforcement power Also, itis related to the maintenance of basicc legitimate rights and interests of citizens and legal persons. Althoughcompulsory administrative system in China has been preliminarily established, many social problemsemerge in practice due to the improper administrative enforcement, which indicates that the CompulsoryAdministrative Act doesn’t fundamentally solve the problem of compulsory administrative powerexistence.. Thus, how to standardize the execution process is a serious problem considered by legalresearchers. Based on the house acquisition as the main example, this thesis presents the empirical andtheoretical analysis of the problems arise during the nonstandard implementation of the compulsoryadministrative execution. Also, based upon the house acquisition as the main example, the present studyprovides a comprehensive set of specific and feasible suggestions from four aspects include legislativesystem design, execution procedure standardization, welfare system strengthening and law enforcementthrough transferring.The first part explains the legal basis of administrative compulsory execution. This part firstlyexpounds the specific administrative compulsory execution details, and the practical significance of thestandardization of administrative compulsory execution manner. The standardization of enforcing modehelps administrative subject practice their functions and powers legally, safeguard citizens’ basic rights andattain the goal of administrative compulsory execution. Secondly, the concept of administrative compulsoryexecution is interpreted from three aspects: all administrative functions and powers shall be legally basedaccording to Yu Fayou; Efficiency is of equal equivalence of justice; Service concept is based on therespect of the citizens’ basic human rights, the service as one of the basic concept and value pursuit, forpublic service for the society, as the existence and the basic aim of operation and development. In all,compulsory administrative execution specifies the balance of multiple aspects in order to reach anintegrated power of the law system.The second part applies the method of empirical and theoretical analysis and reflects the many problems produced by nonstandard administrative enforcement in real law enforcement.. First of all,combined with the status quo of the China’s current house acquisition, the current problems ofadministrative compulsory execution in the process of house acquisition is not further standardize theadministrative enforcement, from the system added refinement way of administrative compulsoryexecution, the abuse of administrative power, causing the social contradictions. At the same time, theprovisions of the administrative enforcement act not to implement. Secondly, in view of the problems,combined with relevant theory and law, the thesis points out that by building a refraction of the plight of theadministrative compulsory execution way, which are: the administrative enforcement of law is not sound,the way of administrative compulsory execution procedure is imperfect and the way of administrativecompulsory execution relief program shortcomings; Finally, cause of the way of administrative compulsoryexecution in China is analyzed, which is facing a dilemma mainly due to the system design flaws, the lawenforcement concept deviation and cultural heritage.The third part of the standardization of the mode of administrative enforcement, and improves theopinions from four aspects. The top-level system design aspect, it is recommended to set the legislativehearing system, compulsory administrative compensation mechanism as well as the enforcement processsupervision group, and to emphasize clearly defined on the public interest. Specified implementationprogram is suggested to put forward to improve the procedures of administrative compulsory executionlegislation and implementation plan of the public and the hearing, clear enforce the effectiveness of theimplementation of the two sides to reach an agreement, and strictly limit the compulsory administrativeexecution. Improve the relief system, put forward to strengthen the internal relief and improve the externalremedy, and learn from foreign relief way. Law enforcement idea transformation, lawmakers are advisedto clear the legislation of the act of administrative enforcement nature, law enforcers should set up thecorrect responsibility consciousness. Citizens, on the other hand, should enhance the consciousness of theirown. Through the perfect views and suggestions to promote the standardization of the administrativecompulsory execution way, effective implementations of the administrative compulsory execution can beguaranteed, and social contradictions will be reduced, to strengthen the executive force of administrativepower, administrative enforcement main body restore credibility.