The Administrative Enforcement Of China

Model for administrative enforcement compulsory administrative allocation of executive power mode issue has been debated by scholars, with the2011"Administrative Enforcement Law" of the introduction, the problem once again become the focus of administrative law scholars debate. Accordance with the provisions of the "Administrative Enforcement Law", the new law enforceable right to the executive was given and no new breakthrough, still followed the administrative enforcement mode, Principles that apply to the people’s court for enforcement, as an exception to the executive authorities to enforce. This mode not only caused the theoretical dislocation, and contrary to the value theory envisaged before. Due to the administrative enforcement of rights allocation model design depends largely on the administrative enforcement understanding of the nature of the executive power, Scholars on the nature of the administrative enforcement of the right to understand there is great controversy, About the nature of the powers of the right to administrative or judicial power, or both, academic debate vary. Therefore, from the point of view of China’s Administrative Enforcement Mode Selection, how to define the nature of the administrative enforceable right is particularly critical. In addition to the effects of the nature of the administrative enforcement of the right to enforce the administrative mode, but also by the characteristics of the executive power, administrative law enforcement situation, the status of the judiciary, justice and efficiency, the value of selection factors. As the executive power itself has great mandatory, The administrative law enforcement of China’s current situation is not ideal, administrative enforcement mode, there is a big drawbacks, led to a series of questions, administrative inefficiency and the problem is particularly serious violations of the legitimate rights and interests of the relative, it has been proved by the court as administrative enforcement has been the main force can be applied to the real needs of our country. The effective and uniform enforcement of efficiency and justice in order to achieve the administrative solve the current problems caused by China’s administrative enforcement mode. it is necessary to reconstruct China’s administrative enforcement mode, with respect to judicial based model of the common law or civil law administrative based model, China’s administrative enforcement mode, which can appropriately draw combined with the reality of our situation to be adjusted, the administrative enforcement of the right to return to the executive, the executive authorities to enforce the implementation of the principle, apply to court to enforce the execution mode of the exceptions should be the best choice.