Administrative Compulsory Execution Mode Of Study

The system of administrative compelling execution is necessary in the national administration management activity. It has very important realistic function to guarantee the smooth implement of laws, protect public benefits, and assure the national organization exercises the administration power effectively. Many countries have paid more and more attention to the establishment and development of the system of administrative compelling execution, and lots of countries had made the single law. "The law of the administrative compelling execution"of our country is under way. However, the first question to make the law is to resolve the choice of the model of the administrative compelling execution. Because of adopting different models, the lawmaking purpose, basic principle, structure arrangement and system expressed by the whole law will changed. So it is always the focus in the academic disputation, and there is a significant research about this question on the theories field and practice field. As a result there is a very important instruction meaning for choosing the right model of administrative compelling execution to make "The law of the administrative compelling execution" of our country.In china, the conception of the administrative compelling execution was proposed first by Wang mincan in the first administrative educate book "the summary of the administrative law" in 1983. It contents in the following books. The article starts from the foundation theories of administrative compelling execution, summaries the different comprehensions about the administrative compelling execution, and then definite the conception of the administrative compelling execution and the conception of the model of administrative compelling execution. It illustrates the important meaning of researching the model of administrative compelling execution on the making of "The law of the administrative compelling execution". Efficiency and impartiality are the worth targets of the administrative compelling execution. The article analyses the efficiency model and the impartiality model of the administrative compelling execution law, and proposes the viewpoint that to construct the new administrative compelling execution model of our country should peruse the unify of the efficiency and impartiality. Next, the article discusses the quality of the administrative compelling execution power. It considers the administrative compelling execution power as a administrative power and as a legal act. It compares the differences of the execution model of administration of justice involved the court, the execution model of administration with self-relief of the administrative organ and the compromised model. From the reform and open to the world, our country has formed the principle of asking the people's court for the compelling execution, and the model of administrative compelling execution with the exception of the administrative compelling execution. But there are lots of problems about this model, which exist in the theory 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 compelling execution in our country and appraise the reform points raised by our scholars, and puts forward the model of administrative compelling execution that our country should carry out is the model which is executed by administrative. Then, it analyses the theories support and system guarantee about this new model. Finally, it discusses the relief of law of the administrative compelling execution behavior. According to the disputation on whether there is a sue about administrative compelling execution behavior or not, it support the viewpoint that there is a sue about the administrative compelling execution behavior. And it considers that it is necessary to put the administrative compelling execution to the administrative litigation relief.As a modern law system, the administrative compelling execution has very important realistic function to guarantee the smooth implement of laws, protect public benefits, and assure the national organization exercises the administration power effectively. Now it has became the essential system in the national administration management activities. The writer writes the article on the basis of law theories, analyses the quality of the administrative compelling execution power, compares the different models of the administrative compelling execution inside or outside our country, and then on the basis of the present condition, constructs the new model of administrative compelling execution of our country. It hopes can do something benefit to the lawmaking and practice of administrative compelling execution of our country.