The Discussion Of Our Country's Pattern Of Compulsory Execution

The compulsory administrative execution system is one of the important subject in the study of administrative law in the world.In China,since the beginning of the study of administrtive law,the problem of compulsory administrative execution has been paid much attention to by the theorist.Yet as to what is compulsory administrative execution,the academic field do not have agreeable opinions.The debate is concentrated on the body,the ground of the compulsory ececution,and they can not agree on the relationships among the compulsory execution,the executive regulations,compulsory executive action and instance performance.Fou different featured patterns are formed due to different constitutional of Gemany,France,Anglo-American and the Japanese model.Our compulsory which the court is requested to enforce the execution while it is an exception for the administrative agency to perform.There are great disadvantages in this patten. It is not good to improving executive efficiency and contradict to the principle of "litigation does not affect enforcement".Besides it confuses the enforcement power of the executive and the courts.Inadequate legal duty and duty-seeking system also do great harm to this model.Moreover in the legislation and practice there exist other great problems,such as lack of consistent legislation,the disorder in enactment of executive process,no basic principles to guide and adequate measures and process.In order to solve those problems fast and good legislation on this subject should be made.This text is proceed from the angle of enforcing and legislating in the administration of our country, Combining the current situation of our country on the basis that the theory is analyzed.Fou kind of reform mentalities are not feasible ,although have the advantages respectively. Therefore I advocated that when we realize the power of enforce belong to the executive power,only the administrative organ is the main body,some administrations related to relative great rights of people, should apply for the court to examine first, which can better prevent administrative organi Abuse the executive power for better prevention administrative organ to abuse the executive power. This thinking reflects the advancing gradually of the reform, accord with the need that the administration enforces the law at present of our country.