The Protection Of Counterpart’s Rights And Interests In Administrative Enforcement Program

Administrative enforcement is refers to the administrative organ or by the executive to apply the court,to citizens, legal persons or other organizations who do not perform a legally effective administrative decision (the specific administrative acts),to take the statutory mandatory way, and force them to fulfill obligations or to achieve the the same state behavior of fulfilling of obligations.Administrative enforcement is ensurance of finally fulfill to the administrative law obligations,is necessary complement of administrative counterpart’s automatically performence, a considerable deterrent force to deal with resisting perform obligations which is determined by specific administrative act.Administrative enforcement can maintain the specific administrative acts’ credibility of the administrative act,and achieve the management functions of the state.In different situations under different circumstances, the administrative enforcement which taking different modes of implementation, affecting administrative counterpart’s benefits in diffreren way. The counterpart is not just the object of the spefic administrative act,and also including other subjects who are in indirect affect by the spefic administrative act.Indivdual or organization,regardless of their right and intrerests are affect by administrative act in directly or not,they are all administrative counterpart. On the one hand,our countr’s Adminisrative Enforcement Act regulates administrative enforcement,one the other hand,it should be a system to protect counterpart’s legitimate rights and interests.Compared with the consideration of executive powers,the protection of civil right is more important. Improve the system of protecting administratrive counterpart’s rights and interests should adhere to the principle and standard of protecting administratrive counterpart’s rights and interests.It should to improve the administrative reconsideration,strengthen administrative responsibility,and reform the mode of administrative enforcement. Perfecting administrative counterpart’s interests in administrative enforcement program,we should adhere to the principle and standard of the protection system, perfect the administrative reconsideration system, strengthen the administrative responsibility in enforcement, reform the enforcement of administrative compulsion mode.