On Administrative Dispiacement Of Fulfillment

"People’s Republic of China Administrative Enforcement Law" since January 1,2012 implementation, which marks the introduction of Chin a s first specialized administrative enforcement law. In this law, th e provisions of the first official performance of the system on behal f of the administration, but for various reasons its provisions is no t very comprehensive. With the system in use in our behalf to fulfill the increasingly frequent practice, on behalf of the discharge syste m has played a significant advantage of the system, but relative to f oreign mature theory and practice, administrative behalf to fulfill t he implementation of the system in our country still seems to be rath er weak, and exposed a lot of problems in practice. Based on this bac kground, to carry out research on the theory and practice to perform on behalf of the system is very important. This article is to start f rom the case on behalf of the institution to fulfill the main problem s arise in practice and research are discussed, and the author propos es to address these issues to improve and perfect the system of legis lative recommendations. In addition to the introduction of this artic le, a total of five parts. Introduction.This part is a reference to the recent events in practice togethe r on behalf of the fulfillment of the case from the case leads to the writing background, and further elaborated the purpose of writing th is article.The first chapter, on behalf of the Obligor. This section describ es the generation of fulfilling the body; introduced on behalf of the executive as the nature of man-hours to perform, as well as advantag es and disadvantages of running in practice; perform on behalf of a t hird person as a person when the pros and cons, and the administrativ e authorities in practice third person supervising the problems.The second chapter, from the combination of the existing law and practice situation, the existing legal provisions applicable to the g eneral scope of the provisions on behalf of fulfillment can not meet the needs of practice. For that era to fulfill its scope should be lim ited to clear the roads, rivers,waterways or Spill smatter of public places, obstacles or contaminants. For the obligor in capacity to fulfi 11 obligations on behalf of the executive to implement, its scope sho uld be limited to the performance of obligations instead of the publi c interest will bring significant losses untimely situation.The third chapter, in behalf of the fulfillment of the implementa tion, on behalf of the cost of fulfilling most controversial and most complex, in order to better resolve disputes and promote the implemen tation of the system on behalf of fulfillment, it is necessary to carr y out on behalf of the cost of a comprehensive discussion and study.I n this part of the article revolves around the nature of the performa nce expenses on behalf of, the collection of standards imposed disput e resolution are discussed.For the nature of the generation of the co st of performance, when the executive should perform an administrativ e fee on behalf of a third generation of human fulfillment only when the consideration paid, does not belong to the administrative charges. Fee on behalf of fulfillment should beg guidance by the price depart ment, can not be determined by the executive himself or a third person. When the cost of the levy on behalf of fulfillment dispute obligor or a third person can safeguard the legitimate rights and interests by way of administrative reconsideration or bring an administrative laws uit.The fourth chapter, on behalf of the fulfillment of the damages in this part of the article is mainly around the administrative organ or on behalf of a third person at the time of fulfillment of obligat ions should be how to remedy the damage caused to the discussion. As the executive organ damage when people fulfill obligations on behalf of people caused by the administrative reconsideration, administrati ve litigation, administrative redress, for relief. For the third pers on against the obligor’s situation is more complex, the executive si gned by a third party on behalf of the fulfillment of the agreement o n behalf of the commission to fulfill its implementation, so the res ult in damage to the third party acts, the third person is necessary to distinguish between official behavior or private behavior, offic ial acts for damage caused directly request the executive compensatio n, personal injury caused by the behavior of a third person should d irect requests for compensationThe fifth chapter, this section discusses mainly from five aspect s:expand the scope of generations to fulfill:to establish the obligor institutional incapacity to fulfill obligations on behalf of the cas e, such as the establishment of special foundations;perfect third per son selection criteria and procedures;Pricing establish the highest s tandards impose costs on behalf of fulfillment;law clearly the right to damages mechanism.