The Research On The System Of Supply Refusal In Administrative Coercion

With the consistent expansion of the boundaries of public administration, the country(region)'s administrative affairs are becoming more and more various and complicated. It has been increasingly unable to meet the needs of practice only by administrative enforcement now available. Supply refusal, that is to say “refuse to pay”, “refusal to make prestation”,as a new approach different from traditional enforcement methods, was created under the development of modern administration, and has been taken into practice in public governance in Japan, Korea and Taiwan of China. Citizens living in modern society is more and more dependent on public administration and public services,the executive authorities regulate private activities by retaining the supply of water, electricity, gas, heat and other necessary public goods or services to achieve expected administrative state. It can be said, the expansion of administrative boundaries contains the generation and growth factors of supply refusal,and the development of modern administration is the driving force of its flourish. As an indirect means of coercion, supply refusal has been widely used in many fields of social governance,including urban and rural planning,natural resources conservation, safety production supervision, urban management and environmental pollution control. When we review the supply refusal's standard texts and practice,there still exists theory and practice dilemma,such as the imperfect laws, lack of formal institutions and their own doubts about the legitimacy. The rise of mixed administration where the public laws overlap the private laws,the transform from regulation administration to the supply administration,the innovation of administrative compulsory theory and the application of legal value assessment tools,have provided the basis for supply refusal to become formal system of indirect means of coercion. To prevent the administrative counterparts from legal rights infringement caused by supply refusal, it should take precise legal control from the the perspective of legal principles and legal system.The application of supply refusal should not only comply with the principle of irrational-relationship-forbidden and proportion principle, but also with the regulation of law,application range and program settings,and bring in warning process,assessment mechanisms and negotiation and cooperation mechanisms to make supply refusal play its role effectively within legal and reasonable scope, and also suppress the occurrence of the negative impact, and ultimately achieve the balance between the administrative regulation and civil rights protection.This article is about 33,000 words, except the introduction and conclusion, it can be divided into four parts as follow:The first part clarifies the conception of supply refusal. This part firstly introduces its extra-territorial legislation and practice situation, and then studies the basic concepts and comparison with the related concepts.The second part introduces supply refusal's policy versions and practice in social governance. Sort out supply refusal's related regulations in Chinese current legal system by textual analysis, and then describe and interpret its characteristics, structure and problems; And also depict its enforcement situation in administrative enforcement through the empirical study to reveal its dual challenges of theory and practice in practice.The third section demonstrates supply refusal's legitimacy as a administrative coercive method. Now that supply refusal is thriving in the public governance sector, it's necessary to examine the reasons of its prosperity from the theoretical level, and justify supply refusal system in theory through the analysis of legitimacy and feasibility.The fourth section discusses the legal control of supply refusal. To prevent the administrative counterparts from legal rights infringement, it's crucial to regulate supply refusal from theory and system dimensions. In the legal principle level, the principle of irrational-relationship-forbidden and proportion principle should be taken as the regulation basis of its application. At the legal system level, should take effectively legal control from legal basis, application range and program settings, meanwhile bring in warning process, assessment mechanisms and negotiation and cooperation mechanisms to regulate system operation.