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On The Seizure And Detainment In Administration Compulsory Measures

Posted on:2015-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z G ZhaoFull Text:PDF
GTID:2296330467467791Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Seizure and detainment is an administrative compulsory enforcement to make thelimitations to citizen property right, it plays an important role in the socialdevelopment and the administration management, however, the system itself neverdevelops smoothly. The Administrative Procedural Law include the seizure anddetainment as specific administrative action in1989, however, it isn’t implantedwholly as specific administrative action in the administrative legislation,administrative enforcement of law and administrative action, there also existscontroversy about whether it is a specific administrative action or factual behaviorin theory study. The enactment of Legislative Law and administrative enforcementlaw and the effort of people’s court in practice make seizure and detainment more andmore disciplined, so the essay present the opinion: though the law is already stipulatedseizure and detainment as an administrative act, the nature of seizure and detainmentis turning into administrative act from factual act. However, too much emphasis onthe administrative act nature of seizure and detainment will lead to the ignoring of thefact that the seizure and detainment is a specific administrative action.The theoretic basis of administration implementing seizure and detainment lieson the property right limitation theory and police power theory. To maintain the publicinterests, the administration needs to take affective administrative measures to imposerestrictions on the citizen property and life within legal power permission, whichembodies the inner nature of national sovereignty and enforceability of law. Whenthere are potential illegal acts and dangers, administration can seize and detain thetargets’ property. Because the seizure and detainment is compulsory, theadministration should conform to the principle of law reservation. The administrationenforcement law and the laws that assigned the administration the power to seize anddetain all belong to legal basis to seizure and detainment; the administration shouldconform to such laws when implementing seizure and detainment. In part3and part4, the essay presents system connotation and system practice ofseizure and detainment. The steps of seizure and detainment include pre-arrangement,methods, expires date and follow-up plan. The administration enforcement law rulesthe time limit of seizure and detainment should be less than30days. The seizing anddetaining order will be invalid after30days. The time limit embodies the nature ofseizure and detainment is of temporary. In the practice of seizure and detainment, theauthor discussing it from the view of law-enforcing and litigation practices. Theproblems in law practices concentrate on enforcing law disorderly, freely and flabbily,however, the litigation is of great important to the improvement of seizure anddetainment system and the development of social economy.The last part review the situation of the seizure and detainment system, thenature of administration act is over-emphasized; the nature of temporary is ignored.The fact that seizure and detainment of property shouldn’t beyond the expired date isoverlooked among the legislation, litigation and the practice of law; the actual time ofseizure and detainment is beyond the expired date in law enforcement; theinvestigation of seizure and detainment period is neglected in litigation. All theproblems above need to take into consideration during the improvement of the system,however, this essay doesn’t present any suggestions, only review the development,foundation, contents and practices of seizure and detainment system based on currentsituation, thus the seizure and detainment system, as a specific administrativecompulsory measure, will be understood deeply. In addition, after the enactment ofadministration compulsory law, the research direction of administration enforcementshould focus on rarefied research of specific administration compulsory systems,which is the research direction of this thesis.
Keywords/Search Tags:Seizure and detainment, Administrative enforcement measures, Restriction of property rights, Temporary nature, Deadline
PDF Full Text Request
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