The Analysis Of Replacing Fulfillment In Administrative Enforcement Of China

The Administrative Enforcement Law has been formally introduced to the public,which symbolizes the establishment of administrative enforcement system in China．Replacing fulfillment as one of the mode of administrative enforcement，its basic problemwas established, but the lack of a reasonable specification on specific operations, andentities loopholes in the law practice. Based on of the concept as the starting point, thispaper make the theory discussion on the replacing fulfillment of the system of country,combined with the legislative status quo at home and abroad. This article analyzes thedeficiencies of the replacing fulfillment of the system of country and puts forward somesuggestions.This article is divided into four parts. The first part is the basic meaning of thereplacing fulfillment.It defines the concept of replacing fulfillment, clarifies the differencebetween replacing fulfillment and other concepts, and analyzes the implementationcondition of replacing fulfillment. The second part does the analysis about the actual stateof legislation in the generation and points out the problems of the system. The third partinvestigated the basic principles, legal relation, implementing subject, fee collection ofreplacing fulfillment combination with the theory at home and abroad legislation. Thefourth part puts forward specific suggestions according to the problems of theimprovement of replacing in our country. It includes standardize the function ofadministrative organs，how to choose and supervise the third person, prefect the procedureof replacing fulfillment,the security of the rights of parties, improving the cost ofcollection of replacing fulfillment.