Administrative Enforcement Of The Right To Study

In March 1999, the standing committee of Chinese People's Congress started the administrative coercive legislation project. In August 2009, the tenth meeting of the Eleventh standing committee of Chinese People's Congress deliberated on the administrative coercive legislative draft for the third time, the power of administrative enforcement became an academic research focus in the administrative law theory field. The power of administrative enforcement, as an important part of the administrative power, is to achieve the purpose of state administration. Its coerciveness means that it is extremely likely to violate the legitimate rights and interests of the administrative counterpart. The purpose of this thesis is to explore how to regulate and control the power of administrative enforcement, so as to achieve the win-win goals of administration management and protect the legitimate rights and interests of the administrative counterpart. Discussing the power of administrative enforcement can avail to enrich related theories of the power of administrative enforcement and provide theoretical guidance for the ongoing administrative coercive legislation.In regard of research methods, the thesis mainly uses comparative analysis method. The thesis introduces the distribution model, operational procedure and relief system of the power of administrative enforcement system in extraterritorial countries. At the same time, by comparing the advantages and disadvantages and taking the situation of China into consideration, the thesis puts forward suggestions for improving the power of administrative enforcement system in our country. In addition, the thesis also uses other research methods, such as the induction, analysis, statistics ,empirical method and so on.This thesis focuses on the power of administrative enforcement distribution model, the operational procedure and the relief system. It is divided into five chapters, the main contents of each chapter are as follows: Chapter one is an introduction which introduces the research value, research methods and research idea. Chapter two is an overview of the power of administrative enforcement. This chapter introduces the concept, the characteristics, the nature and the theoretical basis to regulate the power of administrative enforcement. Chapter three is about the legislative status quo and problems of the power of administrative enforcement in our country. It studies the distribution model, operational procedure and relief system of the power of administrative enforcement from the legislative status quo, existing problems and theoretical disputes. Chapter four researches the extraterritorial power of administrative enforcement system comparatively. It presents and compares the power of administrative enforcement system of Britain, the United States, Germany, Japan and Austria and summarizes their legislative experience which is worth learning. Chapter five talks about the improvement to the power of administrative enforcement system. It is the core part of the thesis and gives suggestions for improving the power of administrative enforcement system in our country.The innovation of this thesis includes three points: First, it defines the conception of the power of administrative enforcement; Second, it gives a proposal of establishing the value tropism of both justice and efficiency for the distribution model of the power of administrative enforcement and the establishment of a single mode in which the administrative organ implements alone; Third, it provides specific recommendations for improving the relief system of the power of administrative enforcement system, including putting administrative enforcement action into the scope of cases of administrative litigation and administrative reconsideration, the establishment of the suspension of implementation system and the return of implementation system.