Research On The Execution Model Of Administration With The Self-relief Of The Administrative Organ

Administrative compulsory execution is an important instrument in national administration. It also conduce to the abuse of power and infringement on human rights easily.How to make the power of administrative coercive execution exercise effectively, so that it can safeguard the public order and public interests, at the same time, the civil rights and interests will not be infringed by illegal act. Select a scientific and reasonable model of administrative coercive execution is the best solution.The model of administrative coercive execution is divided into the execution model of adminstrative of justice involved the court and the execution model of administration with the self-relief of the administrative organ .But the two model aren't exclusive, the play different role in the structure of the system because of the difference of the separation of every country's power, the tradition of law and the theory of administrative law .From the reform and open to the world ,our country has formed the principle of asking the people's court for the coercive execution, and the model of administrative coercive execution with the exception of the administrative organ coercive execution .But there are lots of problems about this model , These problems are resolved through the unified law . This article is formed four parts.In the first part: Boundarize the concept of the administrative coercive executionFirst, boundarize the concept of the administrative coercive execution; Second, The compare of three easy confusing concept. Three boundarize the concept of the execution model of administration with the self-relief of the administrative organ. In the second part: the comparative analysis of the two models of foreign administrative compelling execution..First, the summarization of two models of foreign administrative coercive execuiton; Second, the comparative analysis of two models of foreign administrative coercive execuiton.In the third part: analyses the current model of Chinese admmistrative compelling execution.First, the summarization of the current model of Chinese administrative compelling execution. Second,it analyses the problem which exist in the current model of Chinese adminishative coercive execution through theory and practice;,Three, it analyses the reasons for the problems of the current model of Chinese administrative compelling execution.In the forth part:The propositions of establishing the execution model of administration with the self-relief of the administrative organ.First, it appraises the reform points raised by our scholars; Second,the necessity of establishing coercive execution with the self-relief of the administrative organ Three, it puts forward the model of administrative coercive execution which accords with our condition is the model which is executed by the administrative organ, Three,I go on some specific designs. some propositions of execution which accord with establishing the model our condition.of administrative.