Republic Of Text Study,"Administrative Enforcement Law"

Administrative execution existing as a legal system of administrative law has been morethan two hundred years. In the period of the Republic of China has ever set up its ownadministrative law enforcement system，and Taiwan has been in use until now，but it was only30years for it serving as the theoretical system since1949in China, an effective legal systemless than two years.Taiwan,consequently, with cultural tradition and background incommon，a long history of administrative execution system developing pretty maturely intheory and practice, allying with the continental law system in characteristics，can be of greatsignificance to improve the administrative execution law system of mainland districts byexamining the legal texts of that period。Administrative execution act, a legal documentary material of that period, with greathistorical influence, which mirrored specific values of certain period, had been a preciousheritage in the evolution of Chinese administrative law，judging from the legal texts, we canfind that the standard value contained in the act had affected the development ofadministrative law of mainland, the administrative execution legal system of Taiwan districtsas well. Besides, it is the fountainhead of administrative law in our states，we had better havean ambient deep knowledge and understanding in this enactment. As a result, this thesis isplan to acquire a new cognition in textual research respect on it, to give the administrativeexecution law system of that period an original look, to specify the connotation and extensionof the system on entity fatherly, including legislative structure and outline arrangement inmacro level. What’s more, legal hermeneutics and social empirical analysis method areemployed to conduct textual research, nevertheless, basic point and core meaning of it areeager to be examined or explored deeply via methods of legal textual analysis through thedivision of subject and object and cognitive model through dynamic fusion of context, andthen, to benefit and provide a preference for our administrative execution legal system, so thispaper selects "administrative law enforcement" in1943as the blueprint to start thecomprehensive analysis and research on the legal text. It will be necessarily to be carriedout.we will be divided into six parts to illustrate the study on administrative execution lawsystem. The first part, focuses on the basic information of administrative execution law togetherwith viewpoints and evaluation from legalists of that time, presenting legislative background,basis and fundamental feature; I think that the Formulation of administrative execution law isa complex process which is the under the joint action by the legal transplants in late QingDynasty and Founders of the Republic and intellectuals. and then, I will make a statementabout its theoretical basis by Justifying the possibility, justification, rationality of the actthrough three disciplines—jurisprudence, constitution, administrative law. This part willtake care of the analysis with the fourth part of the core essence of the administrativeenforcement system.The second part, recommends the historical evolution of the act at that time, including itsemergence and each modification later on mainly detailed about the significant revisions in it.The third part, introduces two legal textual analysis methods, that is, legal textualanalysis through the division of subject and object and cognitive model through dynamicfusion of context—including empirical analysis, structural analysis as a whole, socialfunctionalism analysis.The fourth part have an ambient deep knowledge and understanding in this enactmentunder the methodology of legal textual analysis, together with the social political economicand other objective social factors of the historical context, to give the administrative executionlaw system of that period an original look, to specify the connotation and extension of thesystem on entity fatherly.The fifth part is to explore the basic point and core meaning of it after textual analysisand to choose from present legislative mode for later evolution, and then, to benefit andprovide a preference for our administrative execution legal system in theory and legislationrelated. The sixth part is the conclusion.The fifth part is about the function and significance after the textual analysis of"Administrative Enforcement Law", and to explore the basic point and core meaning of itafter textual analysis, namely that the Administrative Enforcement Act aims to achieveadministrative purposes. Moreover, legislators in the Republic of China chosen the mode styleof "Administrative Enforcement Law", and it is followed by the fact that Taiwan, indicatingreference "Administrative Enforcement Law" of administrative law enforcement system inChina and the future system of administrative law enforcement reference on the developmentof theory and related laws to improve. It is a combination of some of the major legal systems of the Republic of Taiwan followed the administrative enforcement, the development of thetheory of reference Japanese Chief executive, I think our country should move towardscompulsory administrative law the direction of diversification in the administrativeimplementation, highlighting the administrative implementation of the system inclusive andflexible color.