Comment On Executive Procedure By Administrative Agents Per Se From Jurisdictional Perspectives

To set up and optimize administrative proceduces is of great significance in taking control of administrative activities effectively and safeguarding the interests of parties. Given surge of administrative power of modern days, no replacement can be found for administrative procedures in deterring abuses , curbing and eliminating corruptions. Offered to administrative agents, compulsory excecutive power is quite likely to be abused while it really helps improve efficiencies and authorities of administrative agents. Hence , reasonable procedures must be established for the purpose of deterence. Rational procedures will be helpful both in improving administratve efficiencies and in ensuring the legal interests of parties. And judicial review can play an important role in streamlining administrative procedures and preventing compulsory executive power of administrative agents from being abused.First, this passage analyzes the concept, power resources and manners of compulsory administrative execution. By comparison with two other rather comfusing administravtive activities, the author pins down the layout of compulsory administrative execution. Second, the running models inside and outside our country is talked about. Combined with particular cases, the actual running of compulsory administrative execution in China is reviewed in theories, legislations and practices. And some relevant legislations of German, Portugal and Japan are also introduced to throw some light on the compulsory administrative execution of our country. Based on thorough analyses of compulsory administrative execution and its procedures, the author touches the hard-core question of this passage: how to make judicial review on compulsory administrative execution under current conditions. The author reveals the deficiencies of judicial review, comments on reliefs and stesses her own viewpoints about substancial review. Referring to the《Act of Compulsory Administrative Execution of People's Republic of China》approved at the 21th conference of National People's Congress Standing Committee on June 30th, 2011, the author makes an thorough analyses of some important issues about compulsory administrative execution. Finally, suggestions on how to improve procedures of compulsory administrative execution are provided, in consciousnesses,, systems, operations and supervisions.The layout of this passage is charaterized by the combination of theory and practice. Those cases mentioned is quite practical and easy to be understood. Nowadays, with the growing concerns about compulsory administrative execution, this passage is of some practical importance.