A Study On The Safeguard Mechanism Of Interests In Administrative Enforcement Of Reconciliation

Resolving administrative disputes by means of reconciliation, which is conducive to the realization of the goal of administrative management and the protection of public interests and the legitimate rights and interests of the parties. The compulsory law introduced the system of reconciliation in 2012. The new compulsory administrative law provides some principles to the system, which provides the basis and guidelines for the practice of administrative enforcement in our country.With the implementation and application of the administrative compulsory execution reconciliation system, the public interests and the legitimate rights and interests of the parties have occurred frequently. The reason lies in the legislative regulation of the administrative compulsory reconciliation is incomplete, the lack of interest protection mechanism in the process of administrative enforcement and reconciliation. Based on this point, this paper begins with the introduction of enforcement reconciliation theory introduction of compulsory execution reconciliation in the interests of the security mechanism. analytical system to safeguard the interests of meaning and function. followed by an in-depth analysis of administrative compulsory execution reconciliation practice is lack of interest mechanism and the reasons for the performance, and then put forward the beneficial in the building is conducive to improve the administrative compulsory execution reconciliation system safeguard mechanism.Besides the preface and epilogue, this paper is divided into four parts:the first part is the reconciliation of interests in security mechanism theory definition of administrative compulsory execution. Firstly, introduces the basic theory of the administrative enforcement of reconciliation, secondly defines the administrative enforcement of the interests of the security system, and finally puts forward the need to build the administrative enforcement of the interests of the security system. The second part is the dilemma of interest protection in the conciliation of execution, mainly in the administrative organs to force the administrative counterpart to make a conciliation, administrative organs abuse of conciliation of execution damage public interests and other legitimate rights and interests, administrative organ fails to perform the administrative compulsory execution reconciliation agreement. The third part is the defects of the benefit guarantee mechanism in the conciliation of execution, mainly including restricting clauses of comparison principle and abstraction, administrative compulsory execution reconciliation lack of program design, legal responsibility and relief means lack of system design. The fourth part proposes the construction idea of interests protection mechanism, is clear about the administrative enforcement reconciliation for the principle, perfect the administrative compulsory execution reconciliation system program design, reasonably determine the scope of reconciliation of administrative enforcement, the establishment of administrative compulsory execution reconciliation relief system, strengthen the administrative compulsory execution reconciliation supervision.