The Research On Chinese Administrative Coercive Execution System

The administrative coercive execution system plays an important part in Chinese administrative law. As far as China is concerned, there have been statements in the administrative litigation law and administrative punishment law that can be summed up as follows: it's the principle for administrative agencies to appeal to the law court to enforce the private party to fulfill the legal duties, while it's supplementary to enforce the private party to fulfill the legal duties by the administrative agencies. Though some merits are existed such as protecting human rights,preventing from abusing of administrative power, this mode has some problems and remains further reform and perfect. This paper firstly introduces some representative conceptions about the administrative coercive execution, in which there exist some similarities and differences. On this basis, the author presented his views on its structure and legal elements of the assessment. And then; the author gives a comparison and analysis of the three models of the current world. The causes, history, structural characteristics of Chinese administrative coercive execution are introduced later. Its advantages and disadvantages are concluded from comparative, theoretical and practical aspects. So, reform Chinese administrative coercive execution models are deeply in need. In order to achieve this goal, my proposal to reconstruct Chinese administrative coercive execution must be unified legislative, modify the principles of administrative coercive execution. The establishment of administrative courts is the effective way to improve this system. At the same time, we should also establish mandatory relief system to achieve better protection of the legitimate rights and interests.