The Enforcement Of Administrative Compulsion Mode Legal Problems Research

Administrative enforcement is to ensure the smooth progress of the state administrative management activities of an administrative enforcement actions, is one of many mandatory administrative law enforcement activities performed in the most direct and significant administrative actions. Although this behavior is intended to force the executive relative to the performance of statutory obligations or to fulfill legal obligations with the same state, but it is relatively easy to abuse the legitimate rights and interests of the Chief. Administrative enforcement is "administrative enforcement" an important part of the administrative enforcement model is related to the "administrative enforcement" can demonstrate their rationality, science, can improve administrative efficiency and effective protection of fundamental civil rights issue. Administrative Enforcement Mode Selection and allocation of rights has long been the theory and practice of the hot topics of discussion, with the study of the gradual deepening of administrative enforcement, coupled with a strong need for social practice, there are many experts and scholars on administrative enforcement The basic execution model a wide range of issues and put forward their views. The development of a unified "administrative enforcement", we must first solve the model of administrative enforcement problems. Administrative Enforcement is also being considered "administrative enforcement" of the important content, but because the system state and the theory of cognitive differences, making the system of administrative enforcement of the pace of improvement and harmonization of legislation hesitant. I believe that, both for the administrative enforcement theory research or development of a unified "administrative enforcement" to learn advanced theories and models of extraterritorial, various countries and regions through the administrative enforcement model for comparative analysis, learn and absorb foreign administrative in on the basis of the enforcement model, combining the practical improvements of our society, seeking both to comply with the concept of administrative law and administrative conditions for the enforcement of the new model has important theoretical and practical significance. Body of the paper is divided into six parts:The first part of the administrative enforcement of the concepts are defined, through the extra-territorial administrative enforcement of the concept of introduction, and our scholars Administrative Enforcement concepts introduced, and through the related concepts of comparative analysis on administrative enforcement has a comprehensive and clear understanding.The second part is an overview of administrative enforcement model, the part of the executive branch led by the enforcement model, the administration of justice-oriented model and a compromise model to enforce three models are introduced, so that readers can for administrative enforcement models have a basic understanding.The third part is the status of Administrative Enforcement in China were analyzed and the enforcement of the current administrative model to apply to court to enforce the principle of self-enforcement of administrative authority as an exception. And enforcement of the practice of the current administrative status for analysis.The fourth part is the discussion and analysis of patterns of administrative enforcement problems that the current Administrative Enforcement of problems such as the administrative protection of the legitimate interests of the relative lack of; administrative and judicial role of dislocation, a waste of judicial resources; legislation and practice out of touch reduce the administrative efficiency; means of a single enforcement, the implementation of results and other issues. In view of this, the administrative enforcement system should have the choice of the mode of reform and improvement.The fifth part is the extra-territorial administrative enforcement mode of presentation, a representative from the pattern of several causes of status and departure, and then on the extra-territorial administrative enforcement model analysis and comparison, suggesting a pattern of administrative enforcement of the factors selected for reference.Part sixth is a pattern of administrative enforcement of building, that part of the system were designed from theoretical considerations, several academic viewpoints prevailing point of view, and further pointed out:China's administrative enforcement model should be the implementation of the principle of executive People's Court as an exception, the same time, strengthen the enforcement of judicial review of agency efforts to monitor and promote the implementation of the enforcement authority to enforce justice and to explore new way of administrative enforcement. Finally, the "Administrative Enforcement Law (Draft)" of the amendments, called for "the Administrative Enforcement Law."...