On Judicial Remedy Of Administrative Compulsion

In order to make most of the administrative actions achieve the desired results, we are not only relying on the executive, but have to rely on the relative support of assistances. If the duty refused to act these obligations, and the administrative law is lack of necessary enforcement ways, any administrative executive orders, decisions will be with nothings, the executive order will disappear impossibly. The administrative compulsion is the ultimate security device in the administrative structure of the action in effect as the vast majority of administrative, the executive is an essential "weapon", and it plays a decisive role in the ultimate realization of the law envisaged by the state. However, the administrative compulsion often sacrifice or against the rights relative to the cost of administration for the expected state, therefore, in this point of view of protecting basic constitutional rights and freedoms, such measures must be Strictly controlled. Administrative compulsion problems will naturally contain in scope of the concern of administrative law theoretical research and administrative building of the legal system.In this paper, on the base of phenomenon of forced evolution of the administrative compulsion's concept, motions that make administrative compulsion as the base concept. The author believes that the types of administrative compulsion devisee into the immediate enforcement and administrative enforcement. In this paper, through the research of partial national and Taiwan area's administration compulsion judicature relief system's theory and the practice. Use for reference of experience of partial national and Taiwan area's administration compulsion judicature relief system's theory and the practice. and establish and perfect administrative compulsory system of judicial relief in china. Finally, make some suggestions in the combination of"administrative compulsion law (draft)"in china, which set unreasonable and has not been mentioned in some of the issues. This first part of article gives us a preliminary analysis about all sorts of viewpoints on compulsion behavior's conception in administrative compulsion domain, which is proposed by administrative jurisprudence theorists in our country. And put forward the reasonable definition administration compulsion proposal. Through to the administrative compulsion's reasonable definition, to analysis jurisprudence theorists of administrative types of division viewpoints, it advocated that divides the types of administrative compulsion to the administration enforces and the administrative immediate compulsion. Finally, it carries on the summary of concept of the administrative compulsion's judicial relief, and elaborates its necessity.The second part carries on the introduction of partial national and Taiwan area's administration compulsion judicature relief system's theory and the practice. In the part of summary, the characteristic of partial countries and our Taiwan area administration compulsion judicature relief, is enforces two aspects from the administrative immediate compulsion nature and the administration launches to analysis administration compulsion judicature relief, provides for our country administration compulsion judicature relief system's establishment uses for reference.The third part has analyzed our country's present situation of administration compulsion judicature relief. This article advocated to divide the administrative compulsion's type with the administration enforces and the administrative immediate compulsion, therefore, it enforces two parts to our country administration compulsion judicature relief present situation's analysis by the administration and the administration forces immediately. About the analysis of administrative immediate compulsion, it based on itself and in our country's administration compulsion system's administration precautionary measure, its analysis of present situation is also equally our country administration precautionary measure present situation analysis.The fourth part gives the revision comment consummation to " administrative compulsion law (draft)". The releasing of " administrative compulsion law (draft)", although has carried on the stipulation to a certain extent of the administrative compulsion judicature relief, still has some problems, it does not favor to the administrative compulsion judicature relief realization. This part mainly sets from the establishment of reasonable administration compulsion classification and the admin to integrate the administrative proceedings, gives the operational comment to further revises and the consummation in " administrative compulsion law (draft)".