Administrative Organs Of Self-enforce The Study Of The Model

The central issue of this paper is the model of administrative coercive execution. Recently, this issue is one of the focal points in this field which have attracted more and more professionnal people's attention. At the time of the promulgation of the coercive execution of administration law, the writer finished this paper and wanted to get more concern 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 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 aggressive and easy to infringe upon human rights. How to make the power of administrative coercive 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. Select a scientific and reasonable model of administrative coercive execution is the best solution.The model of administrative coercive execution is divided into the execution model of adminstrative of justice involved the court and the execution model of administration with the self-relief of the administrative organ .But the two model aren't exclusive, the play different role in the structure of the system because of the difference of the separation of every country's power, the tradition of law and the theory of administrative law .From the reform and open to the world ,our country has formed the principle of asking the people 's court for the coercive execution, and the model of administrative coercive execution with the exception of the administrative organ coercive execution .But there are lots of problems about this model ,which exist in the theory and or the practice. These problems are resolved through the unified law. This article wants to analysis the problems and the reasons of the model of administrative coercive execution in our country and appraise the reform points raised by our scholars,and put forward the model of administrative execution that our country should carry out is the model which is executed by administrative. This article expounds deeply the specific desigen the organ controllable propositions . This article is formed by four parts.Part Ⅰ: Boundarize the concept of the administrative coercive execution and the summarization of the current model of administrative compelling execution. It contains two parts of contents: First, boundarize the concept of the administrative coercive execution; Second, the summarization of the current model of Chinese administrative coercive execution.Part Ⅱ: The compare of two models of administrative coercive execution of foreign. It contains two parts of contents: First, the summarization of two models of foreign administrative coercive execuiton; Second, the comparative analysis of two models of foreign administrative coercive execuiton.Part Ⅲ: The problems and reasons which exist in the current model of Chinese administrative coercive execution. It contains two parts of contents: First, it analyses the problem which exist in the current model of Chinese administrative coercive execution through theory and practice; Second, it analyses the reasons for the problems of the current model of Chinese administrative coercive execution.Part Ⅳ: The propositions of establishing the model of Chinese administrative coercive execution which should accord with our condition. It contains two parts of contents: First, it appraises the reform points raised by our scholars; Second, it puts forward the model of administrative coercive execution which accords with our condition is the model which is executed by the self-relief administrative organ, and goes on some specific designs.