Analysis On The Allocation Model Of Administrative Compelling Execution In China

There is no unanimous consensus on the issues in China’s administrative law theory filed, which is which model should be selected and how to distribute the administrative compelling executive power. As an indispensable part of national administrative system, the normal exercise would help ensure the smooth implement of laws and regulations. Hence, it plays a crucial role of guaranteeing the effective operation of administrative power and proper social order. In June,2011, the twenty first meeting of the eleventh standing committee of Chinese People’s Congress have passed "the law of China’s administrative compelling execution" which was put into action in January,2012. The law has established the distribution model of the administrative compelling executive power which formed the principle of asking people’s court with the exception of execution of administrative agency. Though the establishment of act holds the advantage of enriching and regulating administrative compelling execution model, to an extent, facilitating the perfection of China’s law systems, it is limited to the matter of a clear definition of distribution criteria regarding to the administrative compelling executive power. As a consequence, there remains the problem in the areas of implement concerning the realistic legal practice due to the vague distribution.Relying on the realistic significance of administrative compelling execution model, this thesis will analyze the distribution model of administrative enforcement from introducing several respect which involves quality of administrative compelling executive power, the characteristics of the extraterritorial power of administrative enforcement system, and the establishment, development and existing problems of distribution model in Chinese mainland. Firstly, the understanding of administrative compelling executive power directly affects selection and establishment of the models. Accordingly, on a basis of the quality of the power, diversified understanding from different countries will be discussed in the first part for analysis and judgment of the ownership of administrative compelling executive power in China. Furthermore, an individual viewpoint towards the issue of whether administrative compelling executive power is defined as an administrative power or a judicial power will be proposed. Secondly, the second part will mainly compare the models among different countries, then to illustrate the corresponding merits and drawbacks. As a matter of fact, numerous elements like the cultural tradition of the laws, the theory of administrative legal system, and the mode of balancing power derived from distinct legislative purposes and value orientation would make a contribution to the choices of administrative compelling system where the contradiction is unavoidable. The value goal of administrative compelling execution could be considered as a legislative purpose of which a nation pursues idealized effect of administrative execution. In another word, the analysis about the value meanings would provide a considerable reference on the development and improvement of the administrative compelling execution. Thirdly, the third part will illustrate the production, development, and state quo of administrative compelling execution in China, following by the theoretical and practical analysis on the three existing problems in the model. Fourthly, personal perspectives about several issues in China will be claimed. The issues are as follow: the option of subject of administrative compelling executive power; the execution between law and administrative agency when considering dividend of the power. The term of administrative compelling execution is a legal action as the ways to achieve the same state of carrying out the obligation whose focus is ensuring the fulfillment of administrative goal, as well as maintaining administration order and social profit. However, in order to prevent the excessive expanding of the administrative power, namely, the abuse of the power, supervision and restriction is of great necessity for balancing the efficiency and impartiality. Based on the above principle and purpose, an individual viewpoint about the distribution of administrative compelling execution model will be supported.