On Legal Remedy Of The Administrative Enforcement

Under the influence of the harmonious society concept, people look forward torealizing harmony between citizen and government, stability and development of thesociety by rational persuasion, but in fact, an integral part of mandatory is theessential attribute of the rule of law society. As a draconian measures, administrativeenforcement use the State machine power to intervene directly in the administrativecounterpart rights, and plays a very important real role in ensuring smoothimplementation of the laws and regulations, the effective operation of administrativepower, maintaining the public interests and social order. However, administrativeenforcement is expansionary in objectively, strong invasion of beneficial properties, itis to force the administrative counterpart to fulfill legal obligations for the purpose,take compulsory measures for let the administrative state expected by law into thefinal state of facts. In this process, administrative enforcement is very easy to abuse orsacrifice the administrative counterpart’s legitimate rights and interests. So from theaspects of human rights protection and power restriction, at this point compare toinvestigating for the administrative responsibility, giving the administrativecounterpart adequate legal remedy to make up or restore the violations of rights andinterests is more important, so the study of administrative enforcement law relief hasbecome a necessary. Administrative enforcement of law relief is the end-result of theadministrative coercion theory, it is not only related to the nature of the administrativeenforcement, also has close relationship with the administrative enforcement mode. Inthis article, therefore, under the basis of the relevant basic concepts of legal remedy ofadministrative enforcement, by combing the other administrative law countries orregions outside of administrative enforcement law relief experience, analysis of thestatus quo of the administrative enforcement law relief in our country and the flaw,The author put forward some suggestions to perfect our country administrationenforcement law relief system, in order to better safeguard the legitimate rights andinterests of administrative counterpart.