Research On Relief System For Administrative Coercion

Administrative coercion is the guarantee for administrative behavior to achieve the expectedeffect. So it has great impact on the rights and interests of the parties."Administrative CoercionLaw of the People’s Republic of China" has been promulgated for over a year. However, therelated implementing rules and regulations have not yet promulgated. In the legal area ofadministrative coercion, there are quite a lot of problems existing in the legislation and practice.Therefore, it seems particularly important to provide relief to the parties. But, the academicresearch has focused on the administrative coercion rather than the relief system for it.After an introduction for the origin, the frame and the objective of the research, the thesisstarts with the research focused on the basic theory of the relief system for administrative coercion.Firstly, the essay makes a study on the present situation and difficulties of the relief system foradministrative coercion in our country. There are some problems existing as following: thedefinition of the theory of administrative coercion is too fuzzy, the range of legal relief is toonarrow and the right to state and to argue of the parties, and the right of judicial review are toorestrictive. Moreover, there is a lack of the system for administrative compensation and a dilemmaof petition system. Secondly, on the basis of an analysis on the different relief systems foradministrative coercion, the thesis draws lessons from the legal experience of typical countries.Finally, the thesis put forward possible paths for the improvement of the relief system foradministrative coercion after a progressive research. For example: to redefine administrativecoercion and to clarify the internal relationship of this concept, to design the relief systemaccording to the new classification of administrative coercion, to optimize the legal environment,and to guarantee the enforcement of the relief system for administrative coercion.It needs to be pointed out that the research of the relief system for administrative coercionrequires a research on the administrative coercion itself. Therefore, the thesis has made a study onthe administrative coercion system in the beginning. In fact, the thesis has chosen the enforcementprocess of the administrative coercion as its basic logic order. The relief system for administrativecoercion has been divided into three periods according to the logic order. The first one is theprior relief period with the focus on the strengthening the perfection of the relief system foradministrative coercion and administrative coercion itself in the legislation and practice. Thesecond one is the relief period which includes the strengthening internal control in theenforcement process of administrative coercion, the improvement of the right to state and to argueof the parties, and the expansion of the scope of the right of judicial review. The last one is thepost relief period which consists of the expansion of the acceptance scope of the legal remedy, establishment and perfection of the administrative compensation system and administrative appealsystem.The theoretical innovation of the thesis are as following: put forward a new classification ofadministrative coercion; expand the scope of right to state and to argue of the parties; endow muchmore review right and investigate right to the court; propose to establish administrativecompensation system and administrative appeal system for administrative coercion; focus on theprior relief period and the relief period rather than the post relief period only in the relief toadministrative coercion.