Research On The Measure Of Administrative Execution Of Law In China

The subject of this Article is the Measure of Administrative Execution of Law which means the executive measure used by the subjects within administrative execution system of the country based on their duties and powers regulated by law, including single working, cooperating, professional and compositive measures. System of administrative execution means the organization of administrative organs, including their structure, distribution of duties and powers and the operation of powers. Measure of Administrative Execution of Law and system thereof shall be seen as connected. The measure is the embodiment of the system and the system is decisive to the measure. The core of the two shall be allocation of the administrative duties and powers.Under the existing administrative execution system, depending on different standard of classification, the Measure of Administrative Execution of Law can be divided into single and assisting, professional and compositive ones. Single admimstrative execution is the most common-seen and main measure of administrative execution, which means most of the administrative execution is carried out by this kind of way. The assisting administrative execution if caused by the plural power system of administrative organs and administrative execution crossing since 1980s; administrative co-execution is less witnessed in practice and shall be preconditioned by law or regulation. Main advantage of professional administrative execution is the efficiency of management because of its professional condition, equipments and personnel. Compositive administrative execution is a new invented execution measure, which is to solve the problem caused by the plural power system of administrative organs and administrative execution crossing. The essence of the compositive administrative execution is reconstruction of administrative power.Whichever the measure we choose, it shall be one of the measures that executive bodies execute the law and manage the social issues and shall have both advantages and disadvantages. The Article believes that different measures will not substitute each other, because they have different value theoretically and practically. Because the system of administrative execution is decisive to the measure, the only way to solve the problem existing in the measure of administrative execution is to reconstruction of administrative powers and construct scientific administrative system, enact better administrative procedural laws, promote administrative operation, make use of the advantage of different kind of administrative execution by reform the administrative execution system to better realize the administrative management goal.Researching on the administrative execution system in foreign countries and understanding the system of allocation of administrative thereof and the procedural will of some significance to the reform in our country and perfect our administrative executive measure and solve the problems thereof.The main structure of this Article is as follows: Part I, after the introduction of the Article studies on the basic concept of the measure of administrative execution of law; Part II finds problems of the measure of administrative execution of law and their causes; Part III researches main factors infecting the measure of administrative execution of law and the perfection of foreign countries; Part IV, by the analysis above, tries to construct our measure of administrative execution of law.