Administrative Law Enforcement Settlement Research

Administrative enforcement is one of the ways to administrative organs dealing with administrative dispute reconciliation, the way of solving disputes in modern society highlights the increasingly important role, in many ways to resolve disputes occupies a more and more important position. Outside countries and regions have different degree for the settlement of administrative law enforcement system, although our country on the current legislation does not admit the existence of reconciliation system, but the reality of the administrative practice, but there are a large number of the phenomenon of administrative dispute settlement, in the current society, the status of the disconnection between the administrative legislation and practice of our country, makes the system of administrative law enforcement reconciliation cannot play their important role in our country. In this paper, we study the construction of the center is the reconciliation of administrative law enforcement system, the basis of experience from other country come up to talk to form suitable for the situation of our country’s administrative and law enforcement system, which provide reference for future administrative reform of legal system of our country.The first part of this paper expounds the concept of administrative law enforcement and settlement system, the legal nature and characteristics. This article mentioned in the administrative reconciliation system concept is generalized to a certain extent, which is divided into the administrative reconciliation, the administrative reconsideration, administrative litigation settlement and reconciliation administrative execution reconciliation. In the system of administrative law enforcement of reconciliation, because the system main body has the certain specificity, in which the controversy exists particularity, make it with other reconciliation system has certain difference, mainly reflected in the dual nature of the system. At present, China’s support to build the theoretical basis of administrative law enforcement reconciliation system mainly includes administrative consultation and democracy theory, public participation theory and balance theory of administrative law, and support of the law is based on the rule of law theory and the principle of good faith. The second part mainly demonstrates the different countries and our country Taiwan area of administrative law enforcement of the reconciliation system of our country’s significance, at the same time introduced in Germany, Taiwan and the United States of the system of administrative law enforcement reconciliation law, on the basis of analysis of the similarities and differences in the system of administrative law enforcement reconciliation between different countries, thus to build the administrative law enforcement and the starting point is to ensure that solve the administrative dispute settlement system of justice, reduce the burden of the court, and the main conclusions to resolve administrative dispute settlement way. The third part describes the present situation of our country’s system of administrative law enforcement reconciliation, analysis of the current shortcomings and deficiencies of administrative law enforcement reconciliation system in our country, to analyze the necessity and feasibility of the system at the same time. The fourth part mainly demonstrates the reconciliation of administrative law enforcement system build relevant applicable condition, operation mode and the relief way.