The Improvement Of The System Of Administrative Compulsory Execution Reconciliation In Our Country

The administrative compulsory execution reconciliation is in the contemporary "welfare state" "national service" "payment of the state" on the basis of the creation of a kind of system innovation, it is to point to in the process of administrative compulsory execution, in does not harm the public interests and other legitimate rights and interests under the premise of administrative organs within their legal rights, and the administrative relative person on the basis of equality, voluntary, in accordance with legal procedures are effective to determine the contents of administrative decision mutual negotiation, compromise, so as to reach a settlement agreement in order to realize the purpose of administrative behavior. Administrative compulsory execution reconciliation broke through the "public authority shall not dispose" theory on the understanding of the limitations of the traditional administrative law. administrative organs in the laws and regulations granted at the discretion of the range, through the equality, voluntarily to negotiate, compromise, so as to settle the dispute effectively. Now the administrative execution field in deep, "difficult to execute" between officials and confrontational mood serious mud, the emergence of the flexible way of law enforcement, to guarantee the smooth realization of the administrative objective and ease the conflict is of great significance. Make practice not only the phenomenon of execution reconciliation has already obtained the confirmation on the level of law, to ensure the legitimacy of the applicable; And the widespread problem of "difficult to execute" get a degree of ease, promote the development of the social harmony and orderly. However, our country the compulsory administrative law of administrative compulsory execution reconciliation just made a principled provision, can’t solve practical applicable in the chaos, such as the scope of fuzzy, reconciliation subject not clear, the concrete operating procedure very casual and the lack of supervision and remedy mechanism and a series of problems to be solved. In view of this, based on the comparative analysis, empirical analysis as the main research method, through the administrative compulsory execution reconciliation system more comprehensive research and analysis, to improve the concrete implementation mechanism of the personal advice is put forward. The article into three parts of introduction, text and epilogue, the text part includes four aspects:The first part is the related theory of administrative compulsory execution reconciliation basic cognition. This part aims to administrative compulsory execution reconciliation and the definition of the concept, characteristics and functions of its existence on the basis of the theoretical basis of the analysis, thus makes the administrative compulsory execution reconciliation to distinguish with other related systems.The second part is analyzing the current situation of administrative compulsory execution reconciliation system in China. This part aims to from the aspect of legislation and law enforcement level of actual discourse respectively, found that at present our country administrative compulsory execution reconciliation system of deficiencies and defects.The third part is to perfect our country administration compulsory execution reconciliation system necessity and feasibility analysis. By analyzing the shortage of the traditional single administrative execution, and combined with the transformation of the modern concept of rule of law and policy requirements, proposed consummates our country the necessity of administrative compulsory execution reconciliation. Then from two aspects of social basis and related system support, to introduce the reconciliation system in our country administrative enforcement areas for feasibility analysis. Finally, through to the outside is introduced and some enlightenment to our country, the related system once again stressed the necessity and feasibility of perfecting the system of administrative compulsory execution reconciliation, and provide reference for the later system build.The fourth part is the specific building of the administrative compulsory execution reconciliation system provide advice. This part is the key of the I discussed. First through to perfect our legislation of the system of administrative compulsory execution reconciliation the determination of value orientation, indicate the direction to improve the concrete implementation mechanism. Then the administrative compulsory execution reconciliation system in the applicable should follow the basic principles and general requirements for analysis. Then the reconciliation system in "enforced by the administrative authority" and "apply to the people’s court for compulsory execution" of two modes, respectively for program design, finally put forward to guarantee the legitimate rights and the relevant supervision and relief mechanism are inviolable.