Discussion Of Restructures Chinese Administrative Forcible System

Upper administrative law forcible execution, the administration that self force relieves carries out mark of pattern , tradition , authority stand separately and the administrative law reasons with in every country according to self law always with regard to having drawing support from the judiciary implementation pattern and administrative organ that the court gets involved in not to same but build go ahead in the system structure to give priority to. The UK-US genealogy of law country attaches importance to judiciary forcible execution , continent law is to pursue administration forcible execution but. Our country has used UK-US genealogy of law judicial review system for reference , "having put into effect to apply for a court carrying out under coercion for principle , has taken that the administrative organ carries out under coercion by self as the exception " forcible execution pattern, but, has should ideal run after by supervision and restraint mechanisms in system in reality and has not come true, the administrative power phenomenon with mutual anastomosing of judicial powers has appeared on the contrary , has had no way to satisfy people two big value targets running after, lead to "a judiciary and administration causes destruction to both sides " to justice and efficiency. And the main body of a book is drawn up from theory and is carry out the legislation and implementation current situation carrying out under coercion to our country administration in two aspects carrying out analysis, bring forward important structure train of thought of the following: Will carry out right all confer an administrative organ to ensure administrative efficiency, position that the court acts as a referee in in the centre, improve and perfect at the same time by the fact that design and the relevance dock system's again to executing program, reinforce controlling and supervision wielding procedure's to this one authority , structure a administrative organ , judicial authority each performs its own functions, respectively smooth operation of administrative judicature, system pattern.