Study Of The Administrative Compulsory System

The administrative compulsory system is an essential system in administration in our country. It plays a very important role in effective operation of administration authority, maintenance of social order and public interests. Whether the establishment of this system is reasonable and essential, the operation is suitable or not , it has very direct relation on the basic rights of citizens, legal person, or other social organizations.Our country already has a quite complete set of administrative compulsory system, but it has many questions which are must be soluted urgently, which are mainly display in two aspects. On one hand, our administration system does not has a unification rule, and the legal mentalities are insufficiently clear .On the other hand, the stipulations of administrative compulsory are more used in actual operation ,but so many stipulations of administrative compulsory measures appear in different laws ,laws and regulations, rules and regulations, even in other standard documents. The main body of administrative compulsory are multiplication and chaotic. The jurisdictions of hypothesis main body are not clear. There are many disparities in legislation and reality. And the system which is by judicial execution primarily and by administrative compulsory execution for auxiliary has many malpractices. It not only reduces the administrative efficiency, but also separates the executive function and general administrative function of administration, and increases the cost of administration.At present, the formulation of administrative compulsory law has been systematically carrying on. It is another significant action in our law construction advancement. It not only can promote our law construction proceeding steadily, but also plays very pivotal role in legally administration and human rights safeguard.