On Behalf Of The Administration To Fulfill

For a long time, the rules of administrative substitutive performance scattered in central laws, local laws and administrative rules and regulations, which ranks different specification files. But it is lack of uniform procedures and specifications. In2011, a new act named Compulsory Administrative Law of the People’s Republic of China had resolved this problem in principle. The new act gives the administrative universal authorization. And it regulates administrative execution in the procedures and requirements. Administrative substitutive performance has so great meaning and useful that we should deconstruct it with the tool of hermeneutics.The article adopts the method of combining theory and practice. It also use laws, cases, judgments to explain the administrative substitutive performance clearly. There are four parts in this article:the first, it talks about the concept of administrative substitutive performance in order to explain the next parts. It is different from the system of a third person in civil and the administrative execution. This part also talks about the meaning of administrative substitutive performance--reducing public power into its unnecessary management areas, improving the administrative efficiency, increasing the degree of administrative process transparent. At the same time, it tells the practical purpose--satisfying the administrative purpose, easing the nervous relationship between the administered and the relative person, reducing the cost of the administrative. The second part lists different ranks of laws to review our state regulations. The third part, which is the core of this article, discusses implementation process of administrative substitutive performance. It can be divided into the subject of choice, conditions,scope, results and others. The four part, tells the legal remedy about the administrative substitutive performance with cases to analysis the problems. In accordance with the administrative substitutive performance of the various stages of implementation, we should adopt different kinds of remedies, which can conform to the theory of administrative law at the same time, and meet the needs of practice.