Mandatory Legislation And Applicable To The Status Quo Of Administrative And Perfect

Administrative coercion is a very important conception in the sphere of administrative law's research. Besides,it is one sort of administrative acts.Administrative coercion has existed with the establishment of administrative power. In 1900, Japan has enacted "Administrative Implementations Law" and its implementation regulation refered to Prussian. It happened more than 100 years ago. Some countries have researched the theory, legislation and application of administrative coercion for more than 80 years. In China,it began to be research more than 20 years ago.However,the theory of administrative coercion is under dispute in academic circles that research administrative law in our country. Legislation of uniform law about administrative coercion was started in the end of the last century. It hasn't been accomplished, and a considerable amount of administrative coercion acts which exist in administrative law of all levels not been standardize. In practice, large amounts of administrative coercion acts are applied at will, cause a chasm amongst theory, legislation and application of administrative coercion. So our administrative coercion system is not rigorous and standard enough.Therefore,this article confirm the conception,content and property of our administrative coercion. In addition,it makes some contrastive analysis and have a fresh look at the conception of our administrative coercion.By making a summary, it formulates a new theory that administrative coercion consists of arbitrary administrative enforcement, instant administrative coercion,investigative administrative coercion and other administrative coercion. Through a detailed analysis of the status quo about legislation and application of administrative coercion, we find and sum up the deficiencies of the status quo. Some views are presented.Because of disputation about theory, confusion of system and lack of procedure,the legislation of our administrative coercion lags behind the social development and the administrative coercive power is abused or refused to use at will. The direct reason to more confused situation includes using the right of creation at will and weak remedy. In order to resolve the problem mentioned above,some suggestions are made in the article such as adjusting the system of administrative law,improving legislation of administrative procedure, standardizing the right of creation, standardizing names of administrative coercive measure, strengthening remedy and standardizing legislation of other administrative coercion.The system of administrative coercion should be constructed. The core of the system will be "The Administrative Procedure Law of China"(A.P.L.) and "The Arbitrary Administrative Enforcement Law of China"(A.A.E.L.).The A.P.L. will regulate the use of investigative administrative coercion, and the A.A.E.L. will regulate the use of arbitrary administrative enforcement as well as instant administrative coercion. In addition,the system should include special enactments which embrace administrative coercion. Application of administrative coercion should be standardized by procedural restriction and remedial control.Through analysis of administrative coercion's conception and property,as well as some suggestions how to improve the legislation and application of our administrative coercion,wish to help to construct standard and systematic administrative coercion system in the future.