Analysis On Administrative Prompt Coercion

Administrative Prompt Coercion is the important part of Administrative Compulsion. Administrative Prompt Coercion means in case of emergency, to eliminate or prevent harm to public and private property, life safety, the administrative organs shall perform its obligations as the premise directly on the relative person or on the actual force in order to achieve a certain administrative purposes. Administrative Prompt Coercion is necessary to maintain public order, social stability and protect the people’s life, property and other rights.Because of emergency, Administrative Prompt Coercion is often lack of the necessary procedures. What’s more, Administrative Prompt Coercion measures are usually so strong that violate people’s freedom and right. If not effectively controlled, it will bring more harm to people’s basic rights, no less than the penetration of beneficial administrative sanctions. Therefore, we should make it perfect through legislation.In this paper, the structure is divided into four parts:The first part is outline of Administrative Prompt Coercion, including the definition, properties, characteristic.1.Through drawing lessons from foreign administrative law theories and combine with Administrative Prompt Coercion theory of our country, discuss the orientation of Administrative Prompt Coercion.2, Discuss the features of Administrative Prompt Coercion.3, Discuss the types of Administrative Prompt Coercion. Through the above elaboration, Administrative Prompt Coercion is a kind of social management to administrative compulsory category, but also it is highly aggressive to human rights needing legislation to strictly regulate.The second part mainly discusses the present situation of the Administrative Prompt Coercion execution in our country. Our country is a country of mainland law faculty. However, Administrative Prompt Coercion in our country does not follow the German and Austrian theory. And in our administrative law theory, we created "administrative compulsory measures" instead of Administrative Prompt Coercion. So, in theory, scholars do not agree on Administrative Prompt Coercion.On the legislation of administrative compulsory law, did not mention Administrative Prompt Coercion. Administrative Prompt Coercion is now scattered throughout various administrative laws and regulations which brings the administrative compulsory power legitimacy questions. In the execution of law, it is difficult to distinguish from administrative compulsory measures or Administrative Prompt Coercion.The third part discusses some improvement suggestions for the problem of the second part:1, Administrative Prompt Coercion should be legalized. In the legislation we should establish the related Administrative Prompt Coercion principles to guide the execution of Administrative Prompt Coercion, such as, legal principle, proportion principle, the procedure principle, legal relief principle.2, We should establish the national compensation system of Administrative Prompt Coercion.3,We should establish the administrative supervision of Administrative Prompt Coercion.4, We establish a system of personal compensation system.5, We should bring judicial special order to prevent the illegal Administrative Prompt Coercion implementation.