The System Of Administrative Enforcement Without Substantive Judicial Review

With the stratagem of rule of law, our researches on administrative law havecome into a period of great prosperity. Scholars have thoroughly done research onadministrative enforcement. With the risk of abuse of administrative power andinfringing the right, we should devote a lot of energies to it for the sounddevelopment of administrative enforcement. Administrative enforcement withoutsubstantive judicial review is the main form in the system of administrativeenforcement .So to regulate it is very important to regulate the administrative power,to safeguard the human rights and the whole development of our country.With the opening-up policy, our country has formed the pattern of administrativeenforcement that the majority of administrative agencies have to appeal to the courtfor the help to enforce their administrative actions and few agencies can enforce theiradministrative actions by themselves. This pattern has a lot of problems in theory andin practice. So we should try to settle these problems in theory firstly.This thesis firstly analyses our system in theory and in practice, then criticizesthe schemes that scholars have brought forward, and then bring forward the idea thatwe should make the administrative department exert the power to enforce theadministrative actions, which is set upon the foreign experience and the schemes inour academia and have a suitable suggestion.The whole thesis has three parts .The first part summarizes the present system ofadministrative enforcement from its form, and its development .The second part is theanalysis of the present system in theory and practice. This part tries to provide atheory for the reformation of administrative enforcement. It analyses the nature ofadministrative enforcement without substantive judicial review and compares itsdifferences among the countries that are the result the differences in their culture.From this compare, we can find some lessons and successful experiences, which areuseful or our reformation of our system .The thesis analyses the necessity for thereformation of our present administrative enforcement after finding some questions inour system practically .The last part talks about how to reform and perfect our systemof administrative enforcement. This part firstly criticizes the suggestions, which areput forward by some experts or scholars. Then the part remarks on the practiceobjectively. After all the analysis, the thesis suggests that we should return the powerof enforcement to the administrative agency. Then the thesis provides a sound idea toensure the suggestion to have effective implement, which have guarantee system,procedure and legal remedy.