On The Administrative Enforcement Reconciliation System Of China

With the continuous development of society, higher requests in the government’s administrative work is put forward.The concept of administrative law enforcement and means of executing need to advance with the times.In the filed of law enforcement in china,the idea of the center-power in law enforcement had many drawbacks.For example,the contradiction between officials and people sharpens.It is difficult to carry out compulsory execution.To solve these problems, it needs more diverse and relatively gentle people means. Means of reconciliation contributes to constructing harmonious social and promoting the development of the rule of law. In our country,lawmakers made some great effort that reconciliation system was introduced in the filed of administrative enforcement in the legislation. As a new kind of system,the new compulsory administrative law only made the principle rules.This paper made a more comprehensive study on system of compulsory execution reconciliation. I hope that it plays a certain part in the future legislation and law enforcement practice.The method of comparative analysis is used in this paper,it analyzes the development of legislation and practice in administrative compulsory execution reconciliation about American,Germany and Japan.And demonstrates the necessity of establishment in China.At the same time,it uses the method of empirical analysis and makes some analysis on China’s problems.This paper is divided into four parts.The first part is the connotation of administrative compulsory execution reconciliation.Firstly, it define administrative compulsory execution through the analysis of the relevant domestic theory viewpoint. Then,analyzes the basic characteristics of it,Finally,makes some analysis on nature of it.The second part is reality and theoretical basis of establishing administrative enforcement reconciliation system.First of all,solving administrative law enforcement problems,overcoming the limitation of administrative trial,constructing a harmonious society and government by rule need to establish this system.Then,briefly describes the present situation aboard so that establishing this system consistent with the development of western countries.Finally,analyzes the theory of administrative discretion, administrative contract and administrative cooperation theory.The third part is the main content and existing problems of administrative enforcement reconciliation system.This paper focus on the analysis of the " Administrative Coercion Law " provisions of forty-second to explain many problems in existing legislation.Then,states main problems in the practice by compulsory reconciliation and malicious reconciliation.The four part is the consummation of administrative enforcement reconciliation system.First of all,should definite the principles of reconciliation system.Then expand the scope of it from the applicable cases.And perfect the operation procedures of it.Finally, improve supervision of administrative enforcement reconciliation.