The Analysis Of Substitutive Performance In Administrative Enforcement System

The Administrative Enforcement Law has been formally introduced to the public, which symbolizes the establishment of administrative enforcement system in China. The administrative substitutive performance, as one of the mode of administrative enforcement, has been an official conception in the enacted law in our country. On the base of the concept and the comparison, with the analysis of the legal regulation about administrative enforcement system in China and the other countries, the focus of this paper is to introduce the suggestion about improving this legal system.The text of thesis is divided into four chapters. Chapterl is the overview of administrative substitutive performance, which determined the meaning of administrative substitutive performance by comparing the content of administrative substitutive performance and relative content.Chapter2is about the comparison of the foreign administrative enforcement model. By analyzing the representative models and the history cause of Germany, Japan and Taiwan, in order to learn experience of the establishment of administrative substitutive performance mode. Chapter3is the introduction of China’s existing legal regulation about the administrative substitutive performance, described the related regulation in The Administrative Enforcement Law and the other laws, in order to have a clear understanding of the problem of current situation.Chapter4is suggestion for establishing a better administrative substitutive performance system in our country. First part is to analyse the importance of substitutive performance, and conclude the basic four principle; Second part is according comparison of the current regulation in our country and foreign administrative enforcement model, summerize the premise for the application of administrative substitutive performance; Third part is the specified introduction of the procedural regulation, especially on the detail about the regulation to the other two sides in the substitutive performance, the selection of Third part and the transformation in the produce of substitutive performance; Forth part is about the receiving of expense, including the three stage from decision, receive and the situation when it hard to pay; Fifth part is focus on the produce about legal relief on the procedural prerequisite, implementation and the receiving of expense.