The Administrative Enforcement System In China

Though the history of the research on Chinese administrative law is not long, with the practice of the policy of reformation and opening, and the establishment of grand general plan on ruling by law. Research on system of administrative law is running higher and higher and theoretical achievement richer. By comparative analysis of the concept of administrative enforcement, properties and establishment of administrative enforcement power, procedure for administrative enforcement and relieve of administrative enforcement etc. Bringing effiency and just of the modern idea of rule by law together. Scientific scooping administrative power nature of administrative enforcement and combining with various factors such as convention, legal practice, usual practice and morality. The essay sets up the hitting point on administrative enforcement and projects the tentative idea as follows: Make a distinction between administrative organ's administrative enforcement application for judicial review, and the function of enforcement belonging to court. Then the function of enforcement flybacks to administrative organ. It is not only the guarantee that ensures the effiency of administrative enforcement, but also compromising the just review ideal of judicial administrative enforcement.