Contrast On The System Of Coercive Execution Of Administration Between China And Japan

The system of coercive execution of administration is an indispensable part of the national administrative activities, and the important guarantee of the realization of the administrative powers. With the development of the times, the domains of administration expand gradually, and the system of coercive execution of administration becomes more and more important for the administrative power operation and safeguarding the public interest. After ten years of exploration, our country finally introduced the "Coercive Execution Law" on June30,2011, which provides the details of the system of coercive execution, including the concept, the procedure, and the relief of China’s coercive execution of administration. It has a epoch-making significance because it had perfected our administrative legal system and improved the Chinese characteristic socialist law. However, existences that monotonous means of implementation, court-overburdened, and difficult perform in administrative organs cannot be ignored.The exploration of the coercive execution of administration system in Japan has become since1900, nearly a century earlier than in China. After the second world war, Japan gradually formed a new comprehensive coercive execution of administration system, which is centered by Acting performance, and is assisted by judicial enforcement and the diversity of administrative compulsory execution model means. Our country is in an important period of the administrative construction, and facing the increasingly complex administrative phenomenon. How to adopt a flexible, effective administrative enforcement means to achieve the administrative purpose? It is an important task we are facing. Learning from the experience of Japan has an important significance for the construction of the theory of China’s coercive execution of administration system and for the balance of the process of administrative enforcement in justice and efficiency.Based on the comprehensive introduction in the administrative compulsory execution system in Japan and in China, this paper compares the differences in the concept of coercive execution of administration, legislative evolution, compulsory execution model and implementation procedure of the two countries, and points out our administrative enforcement deficiencies in the system. On this basis, we put forward feasible suggestions, and point out the enlightenment to our country from Japanese coercive execution of administration system.