| The central issue of this paper is the coercive execution of administration .Recently, this issue is one of the focal points in this field which have attracted more and more professional people's attention .At the time of the promulgation of the the coercive execution of administration law, the writer finished this paper and wanted to get more corcern and advice. The coercive execution of administration is one way to realize law, it's the last period of trasformation of the legal state to the real state. The public will be deeply impressed by the social effect of the the coercive execution of administration. Without the control by effective law in the execution state, the legal just will disappear. Without the control by effective law in the execution state, all of our previous effort for constitutionality will be nullified. Because the coerciveness of the means, the coercive execution of administration is very agressive and easy to infringe upon human rights. How to make the power of arbitrary administrative execution exercise effectively, so that it can safeguard the public order and public interests, at the same time, the civil rights and interests will not be infringed by illegal act. It's a difficult problem which makes so much administrative scholars annoyed. This paper is a bold try from this point of view. The writer has put forward a new train of thought that the power of arbitrary administrative execution will carry out well by using the double restriction and activation mechanisms . Through the coordination of this double restriction and activation mechanisms , thebest distrbution pattern of resources will apear , the value objective of morden administrative law will be accomplished .In the first part , the writer analyzed the consept and theoretical basis of the coercive execution of administration.In the second part, the writer discussed the nature of the power of arbitrary administrative execution and move mechanism of the power of arbitrary administrative execution.In the third part, the writer inquired into the pattern of coercive execution of administration.In the forth part, the writer discussed the procedure system of the coercive execution of administration.In the last part, the writer designed the remedy system of the coercive execution of administration. |