A Study Of The Administrative Compulsory Implementing System

Nowadays, the concept of ruling by law has struck root in the hearts of people, and the administrative compulsory implementing system, which is an important link of the construction of socialist legal system is being paid more and more attention. In order to perfect our administrative law of procedure under the background of economic globalization, it is an urgent task to combine the advanced administrative compulsory implementing concepts with China's reality. At present there are many disputes about the name and framework of the building of the administrative compulsory implementing system in academic circles, which hinders the construction of China's administrative legal system to a great extent. In modern society, it is a natural tendency for modern administrative states to form a comprehensive and objective knowledge of administrative compulsory implementing system and formulate an overall and complete framework of administrative compulsory implementing system by legislation.The goal of writing this paper is to discuss and improve China's administrative compulsory implementing system by linking the natural experiences of administrative compulsory implementing of western countries with China's reality. The author queries the jurisdiction of ACIS through a thorough analysis of ACIS from the perspectives of philosophy, compare of law and economics. And he draws a conclusion that administrative compulsory implementing right belongs to administrative organs. By bringing in the systems of hearing of witnesses, explaining reason and the relief of ACIS, which serves for enhancing democracy of administrative system, the author tries to achieve the goal of protecting the legalrights of private party in administrative process ultimately.This paper is consisted of three parts. The first part differentiates and analyzes the concept of ACIS and presents ACIS and its limits of behavior. The second part gives a thorough analysis of China's ACIS and points out its faults from the perspectives of jurisprudence, the philosophy and comparative law. In the third part, the author puts forward some ideas and proposals to improve our present ACIS from the standpoints of "to be" and "should be".