On The Regulations Of Subject Of Administrative Compulsory Execution

Administrative compulsory execution is measures taken by the state organs concerned when administrative counterparts didn't perform obligations in administrative law, in order to enforce the counterparts to perform or meet the equal status as obligations fulfilled. Administrative compulsory execution is an extremely important system and an integral part of administration. Administrative compulsory execution is set to accomplish the contents of specific administrative acts and ensure the performance of administrator's decision, so it is an important security system for administrative powers and plays an important role in preserving public order. However, administrative compulsory execution is so powerful with the nation behind that the enforcement has significant impacts on the counterparts' rights of the person and of property. People's basic rights will easily be infringed once the power is misused. The subject of administrative compulsory execution is the main body to take the action, so its behaviors have a direct bearing on the protection of administrative counterparts' legal interests and the accomplishment of administration's aims. Thus, it is necessary to regulate the subject of administrative compulsory execution to guarantee the exercise of administrative compulsory execution is authorized,limited and orderly. The regulation on subject of administrative compulsory execution can not only accomplish the contents of specific administrative acts,ensure the force of administrative acts and the authority of executive power, but also prevent administrative counterparts from infringement caused by the misuse of administrative compulsory execution and actualize the valve of administrative compulsory execution.The essay consists of three parts as follows, the introduction, the main text, and the conclusion.The introduction introduces the backgrounds of the study, presents the significance and the direction of the essay, which makes the essential upholstery for the research.The full text is divided into four parts. The first part was about the definition of subject of administrative compulsory execution. I defined the conception of subject of administrative compulsory execution, recommend the theoretical basis for being subject of administrative compulsory execution of administrative organs and the people's courts, and introduced their status in Chinese and other countries. The second part theoretically analyzed the regulation on subject of administrative compulsory execution. I thought that regulation on subject of administrative compulsory execution features regulating the main body thoroughly by law. It is aimed to achieve the goal of administrative compulsory execution itself,uplift administrative efficiency,construct a government under the rule of law and protect human rights. The third part emphasized on analyzing existing situation of our regulation system on subject of administrative compulsory execution. I examined the major defects of our administrative compulsory execution mode, and pointed out the disunity in the grant authorization system and the imperfection in the procedure of administrative compulsory execution. The fourth part tried to make suggestions on legislation to perfect the regulations of the subject of administrative compulsory execution. In the light of articles concerned in "People's Republic of China Administrative Enforcement Law (Draft) ", I proposed three suggestions in model choice,legal authority,and controlling procedure, to help realize the uniformity of legal system of regulating the subject of administrative compulsory execution.The conclusion summarized the full text and emphasized the main points of the essay so as to deepen the subject.