On The Administrative Compulsory Execution On The Monetary Obligation On The Public Law

Public law monetary obligations are essentially public law claims and liabilities.This paper mainly discusses public law monetary obligations to improve theenforcement regimes, combined with China’s actual conditions and learnt from otherareas of legislative experience. The paper is divided into four parts. They areoverview of public law which involves the payment of money obligations, monetaryobligations in public law to enforce the need for, public law involves the payment ofmoney to the obligation to enforce the elements and methods and put forward thespecific recommendations of public law on the enforcement of monetary obligationsPerfection.The paper introduces the basic situation of money paid on public law andclarifies the money paid on public law in the concrete realization from theconnotation, characteristics and scope. Public law is a special public law legalrelationship of the monetary obligations on the debt of money between theadministrative body and administrative relative person. Administrative subject as thecreditors shall have the right to request the administrative relative person to fulfillpublic law on the money to pay. Money paid on public relations must be law, ratherthan just can be established by agreement. Money paid on public law has somecharacteristics on the private law, but in essence it is the debt of public law, whichshould follow the administrative relief program.Monetary obligations of public law enforcement are required administrativerelative person charged with public law monetary obligations. Administrativeenforcement is not defined in detail the meaning and scope of the monetaryobligations of public law. Public law involves a wide variety of obligations. Theestablishment of monetary obligations in public law shall also comply with the basicprinciples of administrative law, such as legal priority, the legal regime ofreservations. So as to ensure the relative interests, involves the payment of money inthe public law enforcement procedures shall be arbitrarily. In addition, it should have to determine the public law the monetary obligations content on a specificadministrative act. After the administrative counterpart overdue performance ofmonetary obligations, the executive authorities are not immediately entering theenforcement proceedings. It also needs certain grace period, looking forward therelative initiative to fulfill obligations. Before the formal into the executable program,people must also be warned.China’s law on the implementation of the system of monetary obligations needsto be improved on the implementation of the main methods of implementation andrelief system with a logical system of rigorous, efficient implementation of the system.State dispute system is a convenient and efficient means of relief, which can greatlysave judicial resources. Administrative relative person have the right to rise to theexecutive authorities before the end of the administrative enforcement procedures.Objection complaint which contains a complaint of the objection of the debtor and thethird party is the special relief system in the Administrative Enforcement Act. Therelief of the basic administrative act is administrative reconsideration andadministrative litigation. After the executive administrative action, the relative personshall be entitled to apply for reconsideration or proceedings on the execution behavior.In Taiwan, although there is no the corresponding litigation system, but the court canhave some means of coercion, such as checking. In addition, in the benefit obligationof the administrative organs of the money in the public law enforcement investigation,we also need to learn from.