On The Improvements Of Reconciliatory Procedure System Of Chinese Administrative Compulsory Execution

"Administrative Enforcement Law" implemented on January 1st,2012 stipulates the reconciliatory system of administrative compulsory execution in principle, which provides broad space for scholars to study and innovate. The study of the reconciliatory procedure system of administrative compulsory execution can offer a set of concrete regulation and procedure for its wide application from the perspective of legal control over administrative power, which has great importance to achieve the standardization and control of the administrative power. From the perspective of achieving the administrative management goals and promoting the social harmony, the study of the relation between rights and obligations of administrative authorities and administrative counterpart and the improvements of reconciliatory procedure system of administrative compulsory execution to take up an important place in administrative law enforcement activities have been the important means of achieving administrative aims, which benefits both parties harmony and improves the social harmony.This paper introduce the reconciliatory procedure system of administrative compulsory execution by the analysis of forty-second article, related definitions and cases in "Administrative Enforcement Law" with the method of texts’analysis; This paper expounds the features and functions of reconciliatory procedure system of administrative compulsory execution by comparing reconciliatory procedure system of compulsory execution in administrative with that in civil lawsuit with the method of comparative analysis; This paper points out the problems existing in the reconciliatory procedure system of administrative compulsory execution and corresponding measures from some basic problems-the main participating body, application scope and the service entity and so on with the method of empirical analysis. This paper consists of four parts:The first part gives a brief introduction of the basic theory of the reconciliatory procedure system of administrative compulsory execution, including its concept, features and functions and points out the necessity and feasibility of improving the reconciliatory procedure system of administrative compulsory execution.The second part is an analysis of theoretical foundation of improving reconciliatory procedure system of administrative compulsory execution, including limited disciplinary theory of administrative power, the theory of procedural justice, administrative balance theory and administrative contract theory. Based on the explanation of the theories above, the author proposes the principle requirements of improving the reconciliatory procedure system of administrative compulsory execution.The third part introduces the situation at present and the problems of reconciliatory procedure system of Chinese administrative compulsory execution. On the basis of summarizing the present situation in legislative level and practice level, this paper concludes the problems of reconciliatory procedure system of Chinese administrative compulsory execution, including its narrow scope of application, the limited participation body, unknown service entity, the lack of specific procedures and the shortage of outsiders’ rights to the execution of the settlement agreement. In addition, this part also gives a brief analysis of the causes of reconciliatory procedure system of Chinese administrative compulsory execution.The fourth part is the suggestions of improving reconciliatory procedure system of Chinese administrative compulsory execution. At first, this part proposes the corresponding perfect suggestions of the four basic problems related to this system, and then points out that our country should build two sets of specific procedure system- The reconciliatory procedure system of administrative compulsory execution by administrative subject itself and the reconciliatory procedure system of administrative compulsory execution of non-litigation.The innovation of this paper lies in:first, innovation standpoint:Based on the stipulation of forty-second article about the reconciliatory system of administrative compulsory execution in "Administrative Enforcement Law", of which this paper studies the subsystem-reconciliatory procedure system of administrative compulsory execution, which reflects the perspective analysis from the surface to the point. Second, innovative views:The paper puts forward constructing two sets of concrete reconciliatory procedure system of administrative compulsory execution -the reconciliatory procedure system of administrative compulsory execution by administrative subject itself and the reconciliatory procedure system of administrative compulsory execution of non-litigation.