Study Of The Chief Immediate Force In China

People have been looking forward to the stable and harmonious social order, and working hard to achieve this goal. However, a harmonious society can't be established through rational education. The essential enforcement power is indispensable. In the field of administration, administrative prompt coercion, as the typical compulsory administrative action, springs just from this idea. We should make great efforts, even at all costs, to maintain good order because without a stable social order, no one can engage in his work, not even meet his basic needs. The administrative prompt coercion is the administrative operation that is used by the administrative body in accordance with the legal power and procedure to make decision to handle the private party's personal rights, property rights and other rights in case of emergency. It is implemented immediately in order to safeguard the public interest and the relative person's own legal rights and interests. The administrative prompt coercion is an important component of the society adjustment mechanism, thorough research into which is helpful not only to settle the administrative dispute reasonably, but also to correct the people's understanding deviation to this question, and hence enhance relative person's cooperation consciousness to the legitimate administrative prompt coercion.This paper focuses on the improvement of the administrative prompt coercion system. The following questions will be discussed: Firstly, the connotation and legal nature of administrative prompt coercion, which lays the foundation for the improvement of the administrative prompt coercion system. Secondly, the rationale of administrative prompt coercion. Only being supported by the legal principle can administrative prompt coercion exist in the constitutional society. Otherwise it is the same as the barbaric violence. Based on the legitimacy of the administrative prompt coercion, the whole paper aims to illuminate its values: 1. Efficiency. It is the value to achieve the administrative goal, and is the basic premise of the administrative prompt coercion existence; 2. Order. It is the value to realize the public welfare and is the direct drive of the administrative prompt coercion implementation; 3. Liberty. It is the ultimate value of the administrative prompt coercion. It is the value to safeguard human rights and is the fundamental goal of administrative prompt coercion. Thirdly, the advanced theory and practice about the administrative prompt coercion from the main countries in the world. Through comparative study and analysis of advantage and the shortcoming of this system, we can learn from the beneficial experience of others. Fourthly, through systematic analysis of the present regulations involving the administrative prompt coercion (including law, regulations, rules and other regulated legal documents), we must reconsider the deficiency and flaws of our administrative prompt coercion and reveal the disadvantages of the system. Fifthly, proposing the specific measures to improve our administrative prompt coercion system, which will be of great benefit to the drafting "Administrative Coercion Law".The aim of this paper is to improve our administrative prompt coercion system. The concrete system is the legal carrier of the rule of law. A sound administrative prompt coercion system is helpful to maintain the public order and protect public interests. It can balance the relations between the public interests and the personal interests effectively, and finally meets human being's basic demand--order and freedom.