Administrative Enforcement System Of Non-mandatory Way Research

Came into effect on January1,2012implementation of the compulsory administrative law of the People’s Republic of China on administrative enforcement measures and the system of administrative compulsory execution as a comprehensive system of rules, including the administrative compulsory execution, the special provisions and failed to perform agreement of two innovative "optional" execution system, the innovation mode of administrative compulsory execution in our country, perfect the administrative compulsion law play an important role. In this paper, by way of administrative compulsory execution system of compulsory basic question analysis, comparison of domestic and foreign relevant legislation, would "non-mandatory approach" and its use put forward some own opinions.This article is divided into a total of five parts, the first part introduces the administrative system of non-coercive way to enforce the concept of mandatory direct execution of functions as well as its administrative enforcement, indirectly force the distinction; second part through the analysis of the traditional administrative enforcethe lack of emphasis on non-coercive way breakthrough at the third part of the civil law introduced in the spirit of the contract, the relative human right to know, the protection of the statement of the right of defense and the continuity of administrative acts; relevant legislation through to see foreignavailable learn from China’s non-mandatory implementation; fourth part of the administrative system of enforcement of the non-mandatory way reasonable from the point of view of jurisprudence and social effectiveness analysis related problems in the fifth part.provide strong support; fifth part from a different angle of the details, this paper proposes a non-mandatory in the practical application of some of the problems and improve the measures, such as non-mandatory implementation procedures independent of the problem, and how to apply compulsory administrative measuresnon-mandatory program, and relaxed the conditions of implementation of the agreement, the analysis of these issues for the Improvement of the administrative enforcement legislation will certainly help.