Administrative Enforcement In China The Main Mode Selection

Administrative enforcement of the main part of the scope of administrative enforcement, administrative enforcement in the "administrative enforcement" and administrative activities, it has a very important role and significance. Therefore, the main administrative enforcement activities, whether in administration or a law, is an important part. According to China's "administrative enforcement" of the relevant provisions of the shows, China's administrative enforcement mechanisms and the main mode, the choice to enforce the court-based, supplemented by administrative authorities to enforce the principle. This mode of selection, either in theory or in the judicial sector have attracted a lot of controversy's to take administrative-based administrative enforcement mode, or apply to the Court of Justice based execution mode, or mixed mode. Theorists have been debated. Administrative enforcement of the main mode of selection, affecting the courts and administrative authorities to enforce the right of distribution, also affect each other's mandate. At the same time, the choice of which model, for our country to make executive decisions and the implementation of the contents of the maintenance of social and public execution are a very important role. Therefore, it is necessary to enforce the administrative body as a separate subject of study. I attempt to subject the executive to enforce the basic theory of China's current administrative law enforcement body for analysis, pointing out the problems. But on the administrative enforcement of the foreign body to explain the provisions for enforcement of China's administrative body to provide the perfect reference.This paper is divided into four parts. The first part of the body for administrative enforcement of the basic overview, first introduced the concept of administrative enforcement body, the definition of clear concepts, and then to the administrative enforcement of the model description and analysis, including model-based executive, judicial and hybrid-based model three aspects. In analyzing these three models, the combination of their actual situation, specifically to define the following in China's administrative enforcement of the right natureThe second part is the foreign bodies on the administrative enforcement provisions of the relevant provisions by introducing overseas for a number of advanced practices that can be borrowed for the subsequent writing of this article provide the basis and foundation. Including common law-based model of justice, civil administration and foreign-based model provides for administrative enforcement of the main three aspects of China's reference.The third part, our primary focus is "administrative enforcement" on the subject of administrative enforcement provisions, including our existing legal provisions and regulations, then our assessment of existing legal provisions, mainly refers to the "administrative enforcement Law "in the administrative enforcement of the main provisions of the legislation inadequate. There are three aspects, first the misplacement of the role between government and justice on administration; second, the lack of a unified administrative enforcement of the main distribution; Third, the nature of the case of non-v Chief Executive and uncertainty.In the analysis of China's lack of legal provisions, the need for the lack of the corresponding suggestions for improvement. Therefore, I in the fourth part of China's administrative enforcement of the main suggestions put forward a number of legal thinking. The first is the choice of administrative enforcement of the main model, China should choose the Chief-based administrative enforcement of the main mode; Secondly, in the administrative enforcement of the main criteria for the classification, the proposed legislation to unify the administrative enforcement in order to clear the main criteria for the classification.