On Administrative Enforcement In China And Its Legislative Perfect

Administrative compulsion is a kind of power which directly interferes with people's rights and obligations and therefore becomes the severest measure in the state machinery. If such system can be managed correctly and properly, strict enforcement of orders and prohibitions will be fulfilled and there will be an upstanding society ruled by law, otherwise, people and organizations will be suffered tremendously and the image of government authorities will be damaged deeply.Compulsory administrative execution is a way which the law implements. It is the final stage of the law transforms into the practice which social effects it reflects be aware of by the public most directly.The justice of the law can not be embodied if being lack of the standardization and the control of a good law during the enforcement period. The nature of the measure of compulsory administrative execution makes it an innate characteristic of interests invading. How to ensure the effective execution of such power in order to bring the functions of the protection of the public order and the service into a perfect play, while at the same time to safeguard the lawful rights and legal interests of the against it will be fatal.This dissertation uses the compulsory administrative execution as the cut-in point and hopes to illustrate the deficiencies of the current system with the explanation of the concept, the nature, the comparative analysis of the substantial and procedure systems, the new concept of the combination of the efficiency and the equity. It tries to define the power's nature by ways of the research on the China's traditional legal practice and foreign legal systems in order to realize the value purposes of the modern administrative laws.