On China's Administrative Enforcement Of The System

As an important means of a country's administration management, administrative enforcement has great meaning to the support of the implementation of laws and regulations, the effective functioning of the executive power and the maintenance of social order public interest. However, in the process of administractive enforcement, it brings harm to people. For example, the loss of economic interests of administrative relatives, and the against of the legitimate rights and the violent enforcement, violent resistance to the law because of inappropriate administrative enforcement. These phenomena caused adverse impacts in the society, not only intensify social contradictions, but also decreasing the authority of the government.In light of these social problems caused by administrative enforcement, combine real examples, it can not be hard for us to find such a fact that there has existed abvious defects in the process of our administrative enforcement. Such can be easily seen in the following aspects: inpractice those administrative enforcement are chaotics; administrative governing are over performing; administrative offices are abusing their administrative enforcement rights. There has been various reasons for such phenomenon, but the main reason should be that our laws or regulations about administrative enforcement are unsound an we lack a system that laws can govern ringts. The related regulations about administrative enforcement have been sporadically included in other laws and there have been no uniformed ones.In this paper the author first surveys the administrative enforcement system and then points out the problems existing in present administrative enforcement performing practive. After making a comtrast about advantage and disadvantages of the administrative enforcement system between our country such as HongKong,Macau,Taiwan and other countries; 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 administrarive compelling execution power as a administrative power and as a legel act.This article wants to analysis the problems and the reasons of the model of administrative compelling execution in our country and appriaise the reformpoints raised by our scholars, and puts forward the model that compromised model which is executed by administrative enforcement. And should further strengthen the legislative and oversight.