The Research On Administrative Compulsory Means

Administrative compulsory means is effective means for subject of administration implement executive command, realize administrative intention, and ensure efficiency of administration. But administrative compulsory means sometimes confine personal right and property right of citizen, besides it have more compelling and instantaneous, easily infract citizen, artificial person, other organization's legal rights and interests. Regulate administrative compulsory means become one of important tasks of many countries' administrative law with several ten years. Therefore, establish administrative compulsory means, which are both the need of legal administration and the demand of protect citizen, artificial person's legal rights and interests. Our country pass through near twenty years' legal system, each administrative management domain's compulsory system already elementary constitute. But we haven't in-depth study and devise systemic provision about administrative compulsory means, that in practice exist serious problems which are both disordered implement administrative compulsory means and fall short of administrative compulsory means and several basic theoretic and practical problems have more disputation in theory administrative compulsory means in our country haven't exert its actual function. This paper according to our country's practically complexion under the condition of the opening and innovation, using of reference advanced experience of foreign country discussing some content aim at the conception, characteristic, classification, the basic principles, implementation of procedures, legal relief, etc, also put forward many opinions about those in order to improve our administrative compulsory means, wish to help to constitute uniform administrative compulsory means' corpus juries in the future.The first part expounds the concept, characteristics, classification and basic principles of the administrative compulsory means. Chinese administrative law scholars' understanding administrative compulsory means has been the differences. One view is that the administrative compulsory means equivalent to enforcing means, that the executive does not fulfill its obligations of the executive relative to take a variety of compulsory means, including direct and indirect compulsory means. Another view is that the administrative compulsory means referring to the executive authorities to achieve administrative purposes, the executive relative's property, health and freedom to be taken by compulsory means. The author comparison and analysis to generalize the concept of administrative compulsory means, administrative compulsory means should be an independent legal system, it has its own characteristics that different from the administrative enforcement of an administrative legal system. Administrative compulsory means in accordance with the law means that the executive and the main specific citizens, legal persons or other organizations adopt restrictions on his person, property or other rights, and interests of the specific administrative act. And the characteristics, classification and basic principles of administrative compulsory mean to be summarized, so that readers have the basic understanding.The second part mainly expounds the implementation of administrative compulsory means. Administrative compulsory means referring to the implementation of the main administrative mandatory legal norms are adjusted, as the right to launch a compulsory administrative, operational (administrative enforcement of the act) that occurred in the legal relations in the parties. In the modern's administrative law, administrative enforcement is the possession of the right to administrative enforcement authorities does not fulfill the obligations of administrative law, to compulsory means to fulfill its obligations, or produce and obligations of the state have fulfilled the same legal system. Therefore the implementation of administrative means should be included in the main subjects of administrative law, the main means in accordance with the law enforcement with executive power, can the statutory procedures for mandatory acts of state organs. First of all, the author summed up in some abroad countries, the implementation of the main administrative compulsory means of the status quo, and then to explore the implementation of Chinese administrative compulsory means are main problems, and finally from the perspective of comparative law, learning a good system from foreign countries to improve Chinese administrative compulsory means.The third part expounds the implementation procedures of administrative compulsory means. Implementation procedures for determining the rule of law and arbitrary rule of man's basic distinction, between the legitimate and effective procedures for the implementation of administrative compulsory means are the basic conditions. So-called administrative procedures for the implementation of compulsory means that the administrative body for implementing administrative compulsory means to be followed the way, the steps, time limits and order posed by such factors as an act of continuous process. Administrative procedures for the implementation of compulsory means are the administrative procedures of a specific procedure, for the rule of law. The author summed up the first representative listed some countries in the implementation of administrative procedures for the system of compulsory means, and then put forward the implementation of Chinese administrative compulsory means problems in the procedure, and finally from the perspective of comparative law, by drawing on foreign countries good system to improve Chinese administrative enforcement means.The fourth part expounds the legal remedy of administrative compulsory means. As a result of administrative compulsory means have its own characteristics and value orientation, administrative compulsory means relatively easily to the rights and interests of people against or cause unnecessary damage, so the establishment of administrative compulsory means sound legal relief system, to protect the legitimate administrative relative, the legitimate rights and interests of great significance. Western proverb saying: "There is no right to relief, not rights." Actually, there is no timely, adequate and effective relief to the right sense, is still not completely right. First of all, the author cited Germany, Japan, Britain, the United States and several other countries representative of administrative compulsory means' legal relief system, and then studies Chinese administrative compulsory means, the status of legal remedies and administrative means to implement the existing problems in the final. From the perspective of comparative law, by drawing on foreign countries' good system to improve the legal relief system of Chinese administrative compulsory means.All text use the comparative means, research advanced system of administrative compulsory means from foreign countries, and analysis Chinese administrative compulsory means and implement the existing problems, and strive to establish the more perfective system of administrative compulsory means, making it better to adapt to Chinese democratic and legal construction requirements.