On China's Administrative Enforcement Of The Subjects And Their Rights Duties

Administrative compulsory execution is a very important system in theadministration field, and the main body of administrative compulsory execution hasbeen an important content of administrative compulsory execution system, it playsan important role in the realization of ensuring the duty of administrative law and thecontent of administration decision and the safeguard of social public order. Recently,our country adopts the principle of asking the people's court for the compulsoryexecution, and the main body system of administrative compulsory execution withthe exception of the administration compulsory execution. But this system has a lotof problems both in theory and practice, these problems need to solve by unitedlegislation. The main body system of administrative compulsory execution is animportant content of administrative compulsory execution system, there are a lot ofdifferent points about how to dispose the main body of administrative compulsoryexecution, and it is a difficult point in the legislation progress of the AdministrativeCompulsion Law. As to the current main body system arrangement of administrativecompulsory execution of our country, the author tries to expatiate the currentsituation of main body of administrative compulsory execution and its jurisdictionand obligation of our country from the visual angle of legal principle and practice ofmain body assignment of administrative compulsory execution, and reveals itsexisting problems, then puts forward some improving suggestions on these problemsto expect that it is useful to reconstruct and improve the system of administrativecompulsory execution.This paper is divided into three parts. The first part introduces the origin ofcurrent main body system of administrative compulsory execution of our country,then analyzes its causes and the legal principle problems of current disposition ofmain body of administration compulsory execution of our country, the authorconsiders that the problems include the possibility of execution of concreteadministrative action, the distinction of jurisdiction and administration, and the valueweighing of justice and efficiency. The second part introduces the current situationof the main body of administrative compulsory execution and its jurisdiction andobligation of our country, then analyzes its existing problems, these problems mainly include confusion of administration and jurisdiction, the execution burden of thepeople's court is too heavy, low administrative efficiency, the provision of partialmain body of administrative compulsory execution is not definite, and thejurisdiction and obligation of main body of administrative compulsory execution isnot provided definitely. In the third part, the author puts forward related suggestionsabout improving the main body of administrative compulsory execution and itsjurisdiction and obligation of our country ,and the author thinks that our countryshould establish the main body system of administrative compulsory execution thatthe administrative compulsory execution mainly carried out by administration itself,supplemented by asking the people's court in the Administrative CompulsionLaw,meanwhile,the law should provide that the compulsory execution methods betaken as the standard of dividing administrative compulsory execution power. Inaddition, the author proposes the fundamental principles and procedure ofadministrative compulsory execution should be provided clearly in the legislation.