A Study On The Relatively Centralized Power Of Administrative Compelling Execution

Administrative management activities need to be ordered in the system of administrative law norms. However, if the system lag behind the reality needs, will bind or even hinder the smooth implementation of the administrative activities. Our country is in the transition period of social and economic development, administrative affairs, showing a diverse and complex characteristics, not only the objective demand of the increasing expansion of executive power, also have strong calls for improving the administrative law enforcement system. In 2011, "the people’s Republic of China Administrative Coercion Law" (hereinafter referred to as the "Administrative Coercion Law") is in such a historical background, bearing many beautiful vision, become a big event in the development of China’s administrative legal system. However, "Administrative Coercion Law" and not as expected as people, can completely solve the problems of administrative enforcement system and practice:the administrative organ and the people’s court for compulsory execution right allocation is unreasonable, administrative enforcement power shortage, difficult to execute administrative power, judicial power, dislocation, procedure and legal the relief system loopholes and so on. Therefore, bound still need to break the existing system, bold reform. Therefore, the author attempts to study the relative concentration of administrative enforcement, in the exploration of the road of China’s administrative enforcement system reform path hard effort.For the relatively centralized administrative enforcement, in-depth comprehensive study. This paper is divided into three parts. The first part is the basic theory, Based on the introduction of its connotation, from the theory of public management and administrative efficiency theory and the theory of "balance of power and rights" three aspects to carry on the analysis.The second part introduces the basic situation of domestic and foreign relative concentration of administrative enforcement system. The first analysis of China’s administrative enforcement system of basic situation, existing problems and the "concentrated" situation. Then the representative abroad on USA, Germany and Japan and other administrative enforcement system was introduced, pointing out that the basic situation of the system of "the relative concentration of in China and the relative concentration of worthy of study and reference concrete practice and system construction of administrative enforcement. The third part on how to construct the relative concentration of administrative enforcement power to launch the introduction. The establishment, including the main power and the power of executing the program content and the construction of legal system construction of three. The subject of power including the specialized agencies, comprehensive law enforcement, administrative enforcement authorities, the people’s court. Power includes the law to claim the specialized agency of the power of administrative enforcement, comprehensive law enforcement agencies enjoy their right to administrative law enforcement of administrative enforcement power, enjoys the administrative agency at the relevant administrative authorities shall not be entitled to exercise the power of administrative enforcement and executed by the people’s court review of the case, people organize the implementation of the right judicial review on relative freedom, major property rights. Execution of the program including the general procedures, special program, immediate enforcement procedure and judicial review procedure. The legal relief system including objection to execution, administrative reconsideration, administrative appeal, Judicial review and state compensation.