On The Regime Of Replacing Of Fulfillment In Administrative Enforcement Of China

Before the introduction of Act of Administrative Enforcement, replace the fulfillment of the forcible execution of administration has already appeared in many laws and regulations about maintaining of traffic safety, controlling environmental pollution and protecting the environment, etc. The relevant provisions are scattered at all levels of laws, administrative regulations and other legislative documents. In June30,2011the11th National People’s Congress Standing Committee adopted Administrative Enforcement Law of People’s Republic of China in the twenty-first meeting which marked the introduction of China’s first specialized administrative enforcement law system. The law provided for replacing the fulfillment of the forcible execution of administration, but the provisions is not comprehensive. In our administrative theory, the research of replacing the fulfillment is weaker than foreign. Based the perspective of the analysis of replacing the fulfillment, the essay defines the basic concepts of replacing the fulfillment, to clarify the applicable conditions of replacing the fulfillment and the legal relationship of the tripartite. To analysis the regime of replacing the fulfillment and identify problems in our legal practice. Through comparing the regime of replacing the fulfillment in other countries and regions to exploring and improve our administrative regime about replacing the fulfillment.This essay is divided into four parts:the first part writes the basic theoretical issue about replacing the fulfillment which is the concept of the regime, the applicable conditions, the legal relationship in the regime and the function; the second part analyzes the regime of replacing the fulfillment in our legal practice and the legal provisions about replacing the fulfillment in Act of Administrative Enforcement, and to identify the inadequacies of China’s legislative practice; the third part is what classified inspect the regime of replacing the fulfillment in other countries and regions, absorb and learn from the advanced regime to provide experience for China’s legislation and practice, thus further improve the regime of replacing the fulfillment, making it better adapted to our current situation and serviced in administrative work; the fourth part is based on the defects and shortcomings pointing out the inevitability of the reform of the existing system, and finally proposed five recommendations of improving the regime of replacing the fulfillment:First, clear implementation subject of replacing the fulfillment; Second, formulate the response measures about fulfilling obligations is not sufficient; Third, establish a regime about the subject that replacing the fulfillment may exercise the strength to rule out the hindrance; Fourth, standardize the cost-recovery system of replacing the fulfillment; Fifth, regulate the processing system about the fee dispute of replacing the fulfillment.