The Improvement Of The System Of Applying For The Court Of Justice

The coercive execution of administration of our country borrowed the advantages from the two law system, it practiced the system that applying for the court of justice is principle, and the administration implemented by it is the exception. The target of the system is balancing the administrative efficiency and the judicial justice. However, the effects in actual operation are far from satisfactory, we may find out many problems. The administrative coercive execution system is not a scientific designed result, from the history, it is more like a result of legislation’s convergence. Therefore, many concrete systems of it cannot get the goal of improving the administrative efficiency and protecting the civic lawful rights and interest. Now,the system has the following problems: there is no unified principle; there is no appropriate regulation to control mediations and reconciliations. The written and the virtual investigation can’t protect the civic rights; the using of the power of coercive execution of administration is confused; the regulation of closed treatment in special conditions is vacant; the civil rights relieves are vacant. To solve the problems, we have the following suggestions: establish the unified principle; stipulate appropriate regulations to control mediations and reconciliations; improve the methods and content of the investigation; stipulate the regulation of closed treatment in special conditions; establish and stipulate the system of execution by mandate; stipulate the civic rights relieves.The system of applying for the court of justice has the function of controlling the abuse of administrative power and protecting civil rights from its birth. To balance justice and efficiency, we hope the suggestions can provide a reference to the improvements of the coercive execution of administration system, and system can come into the orbit of the rule of law.