On The Distribution Mode Of Administrative Enforcing Jurisdiction Of China

It is significant for Mandatory Administrative Law to guarantee and supervise administering according to the law, to defend public interest and social order, to safeguard citizens、legal person and other social communities.Along with many legal system innovations, there are always some problems deserved to study and improve in this law. Among these problems, the distribution mode of administrative enforcing jurisdiction has become one of focus points in the academic circle and practice circle.Throng the literature research、crossover study and other methods, the article makes a relative merits analysis on the distribution mode of administrative enforcing jurisdiction from the angle of applying for compulsory execution by administrative organs. The mode, as mentioned earlier, observes the principle of applying to the court for compulsory execution, and the supplement of conducting it by administrative organs. It is considered that the current mode has several advantages including conforming to the trend and present situation of execution, shaping Judicial control of administrative power and establishing the protective screen for administrative counterpart. But, at the same time, several disadvantages emerged just like the conflict of law application、the low of administrative efficiency, the dislocation of jurisdiction and administrative power, the insufficiency of human right’s protection. It is meaningful to develop advantages、avoid disadvantages and overcome the drawbacks of current mode.Based on the above, through the method of comparative study, the article makes selectively analysis and comparison to the distribution mode of administrative enforcing jurisdiction in the area of mainland, Taiwan and other countries of Anglo-American law system and continental law system, thus, summing up good practices suitable for our country. On the basis, combining with the practical innovation and defects of compulsory execution, the article offers a proposal for ameliorating the current mode. The key point of proposal is that the court is only in charge of the special executive review which is stipulated by law, and meanwhile administrative organs are responsible for administrative decision, other executive reviews and implement of executive power. Administrative organs should establish inner organ responsible independently for execution. The execution mechanism of the separation of judgment and execution finally emerge.Under the execution mechanism, the compound mode offers administrative organ more administrative enforcing execution. The mode, the separation of judgment and execution as the base, setting up an independent、regular and effectively—helped mechanism as the guarantee, restores the value orientation of judicial power of neutral judgment and the execution returning of administrative organs, and thus more embodying the fairness and efficiency requirements. The mode which is feasible and forward—looking in the aspect of theory basis、legal basis and practice effectively overcome the drawbacks of the current mode. It is important to straighten out subject relationships、ameliorate the current mode and realize the administrative target.