On The Defects And Improvement Of The Administrative Compulsion Execution Reconciliation System

The principal stipulation of administrative compulsion execution reconciliation system is stated in the 42nd article of the Administrative Compulsion Law of the People's Republic of China.Instead of derogating from the public interests and legitimate interests of others,the executive organ reaches a compromise with the person subject to enforcement,which not only enhances the social governance ability of administrative organ,but also realizes the balance between administrative management efficiency and justice value.This system actually innovates the legislation,but its range of application,conciliation proceedings,efficacy of performance agreement,and relief mechanism have not been stipulated yet.Furthermore,existing stipulations fail to resolve the problems met in practice,and it is quite necessary to improve the administrative compulsion execution reconciliation system.This paper consists of three parts,the introduction,main body and conclusion.The main body is composed of three aspects.Firstly,the administrative compulsion execution reconciliation system is introduced briefly,among which,the meaning of the system is illustrated and analysis of similar concepts is conducted.Besides,it is pointed out that "the principle that public rights cannot be disposed" is a theoretical factor influencing the construction of the reconciliation system.Afterwards,the legal nature of execution reconciliation agreement is clarified on the theoretical basis of the discretion in administration and construction of reconciliation system.Secondly,legislative defects of the current system and existing problems of the system operation are elaborated,including the expansion of the range of application for execution reconciliation,construction of execution reconciliation procedures,to clarify the efficacy of the reconciliation agreement.Finally,the safeguard mechanism of administrative compulsion execution reconciliation is proposed.