The Study On Setting Up Human Right’s Guarantee Mechanism In Administrative Coercion

As an important part of administrative law--the administrative compulsory system, which has always been of concern to the field of administrative law in china. A country’s management is mainly administrative management, administrative coercion plays an important part in state compulsory power, the system is indispensable for national administrative management, it not only guarantee the enforcement of administrative laws and regulations and the operation of the administrative power, but also has lasting influence on defending king’s peace and public interest.Based on coercive force of the state, the country requires society to obey the state will embodied by form of law through legislation, and then enforce effective Judicial decision to settle the disputes. Finally, through administrative coercion, it gives punishment and restrictions to the personal right and property right of administrative counterpart who violate administrative regulations and won’t performance efficient administrative decisions, and executes directly or forces litigants to fulfill legal obligation from specific administrative action aimed at managing the whole society, however, the mandatory of administrative coercive measure make it expansive and invade others’interest, so how to guarantee effective enforcement of administrative coercive power to develop its functions in maintaining public order and serving public interest, and how to ensure the administrative counterpart has fundamental right and that his interest protected by the law shall not be invaded are always annoying our scholars in the field of politics and law.The passage makes an attemption established on the structure of human rights protection system in administrative enforcement, and deeply analyzes its present conditions and causes as well as its deficiency. In order to unfold the necessity of its construction and perfection, the author put forward following tips:to perfect the laws and regulations on administrative compulsory law; to develop the supervisery mechanism towards human rights protection system; to actualize the diversification of relief. The writer wishes to build and develop human rights protection system as a catalyst for realizing the value of administrative compulsory law and achieving the goals of modern administrative law.