Font Size: a A A

On Constructing The Remedy System Of Non-litigation Administrative Enforcement In China

Posted on:2015-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:A F SongFull Text:PDF
GTID:2296330467467807Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Non-litigation administrative enforcement is one of the important parts of theadministrative enforcement system in China. The state coercive force makes administrativeactions achieving their own goals. However, due to the absence of relevant legal regulationsas well as paying rare attention to theories and practices, there are many issues in practice."No remedies, no rights", this ancient proverb means that relation between remedies andrights, and the necessity of remedies. In the beginning, I define basic concepts ofnon-litigation administrative enforcement, analyze current remedial system and relatedlegislations, and learn from beneficial experience of civil execution system. At last, I find outthat problems with regard to current enforcement remedial system in our country, and putforward suggestions in constructing the remedy system of non-litigation administrativeenforcement in China.This paper is divided into four parts, each part of the main contents describe as follows:The first part is an overview of the remedy system for non-litigation administrativeenforcement. This part sets theoretical basis of entire paper, including nature of non-litigationadministrative enforcement, and concepts and scope of administrative enforcement remedysystem, etc.The second part is current legislations of non-litigation administrative enforcementremedy system in our country. In general, the remedies include review, hearing, objection toenforcement, lawsuit to enforcement,etc. I point out that virtues and vices as to remedysystem.The third part writes about different ideas regarding non-litigation administrativeenforcement remedy system in China. Among those ideas, I pay more attention to somerepresentative remedies, such as administrative litigation, appeal, the prosecutorialsupervision, etc.The last part focuses on how to construct the remedy system of non-litigationadministrative enforcement in China. This part is core of this issue, as well as purposes of thisstudy. Firstly, I set up basic principles which we should follow in the non-litigationadministrative enforcement. Secondly, I set up the institutional framework about remedysystem. Thirdly, based on analysis of the remedies, including hearing, implementation ofreview, objection of enforcement, lawsuit of enforcement, I put forward proper advice.
Keywords/Search Tags:Non-litigation Administrative Enforcement, Remedial System, Review, Hearing, Objection to Execution
PDF Full Text Request
Related items