The Research On Administrative Enforcement Mechanism Of Reconciliation

Reconciliation of Administrative enforcement is the settlementthat occurred in Administrative enforce stage, under the premise of notviolating the law and without prejudice to public interest.Administrativeauthorities and the relative voluntarily consult the content of theobligations established by the Administrative decision change theimplementation of the agreement,in order to achieve the activities ofadministrative purposes. The legal nature of the settlement agreement ofAdministrative enforcement is an Administrative contract. Administrativeenforcement, including the compulsory administrative measures andAdministrative enforcement, reconciliation is only applicable toAdministrative compulsory execution，not applicable to the compulsoryadministrative measures.The traditional Administrative law consider theexecutive power shall not dispose.The theory recognize has thelimitations that conciliation of execution is the settlement within thescope of Administrative discretion on the basis of public participationand the theory developed from the dispute resolution. The field ofAdministrative enforcement in China is difficulty in enforcement,sometimes the contradictions of the parties are intensified.There are theneed for more diverse and relatively soft enforcement to solve the realproblem. The introduction of conciliation of execution system is the development of the concept of modern Administrative law and practiceneeds.New introduction of “Administrative Enforcement Law”providesconciliation of execution in principle.on this basis,I do a morecomprehensive study on the conciliation of execution system,to buildimplement mechanism of Administrative enforce reconciliation, in the hopeof legislation and practice of law enforcement have a certain benefit.In this paper, divided into three parts exposition:The first part is an overview of the Administrative enforcement ofreconciliation.This part is to solve the basic problem of the connotationof administrative enforce reconciliation. Including the the concept ofreconciliation, analyzing definition of relevant concepts, thecharacteristics of the conciliation of execution, and theoretical basisof the reconciliation.The second part are analyzing the necessity and feasibility ofAdministrative enforcement of the reconciliationan.Elaborate status quoof administrative enforcement and reconciliation,leads the necessity ofEstablishing implement mechanism of Administrative enforcereconciliation. These three areas reflect the feasibility ofAdministrative enforce reconciliation: The changing and development ofmodern administration concept, reality effect of the reconciliation, Andimplications of foreign Administrative enforcement.The third part is the main part of this article. discussing How tobuild implement mechanism of Administrative enforce reconciliation.Including the basic principles of conciliation of execution, elements andscope，the specific program designing, the force of law and relief, aswell as processing related to the interests of a third person.