On The Executive Ban On The Legal System

The action of administration banning ,as one of actual administration actions, is not normal practice and does not come to a general understanding, due to the lack of definite regulations in practical laws. Based on the administration laws theory,the author refutes the viewpoint that the action of administration banning is that of administration publishment , and analyzes its characteristics from four aspects: the forced administration ,the procedure restraint, the undisciplinary action of the entiry , and the inconvenient operation , reaching the conclusion that the action of administration banning belongs to the scope of forced administration. The author illustrates the method of judicial assistance of the action administration banning ,and through the contrast between the domestic theory of forced administration and the research of administration banning abroad, from the standards of definition ,objective ,method,procedure,and judicial assistance of administration banning, puts forward with the suggestions that in order to overcome the practical problems, we should reach a common understanding about the action of administration banning ,perform according to the laws standardize the procedures and legislate with plans.