In The Implementation Of The Compulsory Administrative Execution Reconciliation System

The introduction of administrative coercion law, established the execution reconciliation system in administrative enforcement. Administrative enforcement is a behavior to solve the administrative counterpart refused to fulfill the obligations established by the specific administrative act in force already. Its purpose is to force private parties to fulfill their obligations or achieve the same states of fulfill their obligations. Make private party do not fulfill their obligations as the premise, Its implementing body are administrative organ and people court, whose scope could be extended to all citizens, legal persons or other organizations and even the executive authorities, as well as all of the executed who hinder implementation of administrative behavior. Administrative enforcement is the confrontation of state power and citizens private rights, In order to maintain the balance between the two points better, it should follow the principle of respect and protection of human rights, legal principles and the principle of proportionality. The introduction of the administrative coercion law, establish execution reconciliation system in administrative enforcement and is one of the highlights of the coercion law. The purpose of reconciliation is the main sides in the enforcement relationship reached settlement agreements on the basis of negotiation, compromise, fulfill their obligations or achieve the same states of fulfill their obligations through fulfilling the agreement. Private origin of the executive power, the emergence of administrative discretion and the exercise of executive power public purposes is to establish a theoretical basis for reconciliation. The common problem of difficult enforcement and implementation of execution reconciliation system in reality in china, provide a realistic possibility for the enforcement of execution reconciliation system. In addition, execution reconciliation system also adapts to the requirements of building a harmonious society, which is in line with the original intention of administrative legislation and is conducive to the realization of the purpose of administrative legislation. However, the administrative enforcement law only provides a principle for execution reconciliation system not covers the specific operation. Execution reconciliation system should be exercised in the public interest range, more practical and actionable to enforcement involving money to attach obligations. It is generally applicable to minor offences, for a private party of serious violations, taking into account the program economic welfare, generally does not apply. In addition, execution reconciliation system should protect the legitimate rights of the third person. Start of the execution reconciliation process should be based on the private party for a premise, and also need the review and decision of the executive. In order to improve administrative efficiency, the executive decision should be completed within a certain period. In order to safeguard public interest, supervision and inspection of the administrative organs should be strengthened. In addition, the relief of execution reconciliation system is also essential. While private party does not fulfill the implementation of the settlement agreement, enforcement should be resumed immediately. While the execution reconciliation is over, if the private party or third person out of the administrative law relationship find damage to their own interests, they can achieve relief through administrative relief channels.