Studies Of Mandatory System Of Administrain Immediately

Our country comprehensive construction affluent society as well as people’s daily life needs a harmony stable order the social environment, Our each people yearn for the life in one stably, in the order society. But the harmonious order’s social order is impossible to depend upon public education, moral restraint and so on soft merely the strength constructions, but also needs some compulsory methods. But the law has the maintenance social order function, in the administrative law domain, the administrative immediate compulsion is precisely by this one kind which produces for the goal to maintain the social order and the public interest, does not hesitate to sacrifice individual in the particular case the freedom administrative compulsion behavior.The administrative immediate compulsion is the administrative main body to prevent the dangerous the occurrence, the impediment illegal activity to continue, the maintenance normal social order need, under the controlled condition, using the civil rights strength to the relative person’s person, the property as well as other rights and interests makes the compulsory punishment behavior.Because the administrative immediate compulsion it leaves urgently toward the past events, therefore does not need the general administrative action to explain foundation procedure important documents beforehand and so on reason, hearing relative person statement. From analyzes essentially, the administrative immediate compulsion is the people for the public interest and the order, the authorization administration main body one kind of highly free administration behavior, it has the instantaneity, to decide after deliberation the nature, the high violation private benefit highly freely. The modern country is the country under the rule of law, all administrative action must but is legally, takes to the relative person, the property has the tremendous influence administrative immediate compulsion to but is legally. However, our country academic circle are really few to the administrative immediate compulsion research, has not formed the theory, the administrative immediate compulsion still did not have the unification complete legal norm in the legislative practice, in the practice the Administrative organ to violate the citizen benefit using the compulsion authority the event to be common illegally, the victim cannot obtain the relief. These have restricted the administrative immediate compulsion in the maintenance social order stable aspect function.This article focuses on the administrative immediate compulsion system’s consummation, in the research overseas related system and analyzes our country administration immediate compulsion implementation present situation and in the existence question foundation, proposed that consummates our country administration immediate compulsion system’s measure. This article plans to divide into three majorities:The first part, elaborated that the administrative immediate compulsion system’s basic theory, analyzes its connotation, the characteristic, obtains a clearer concept by the time, then from legal principle theory of law stratification plane and realistic stratification plane elaboration administration immediate compulsion validity and necessity. The second part, first analyzes our country administration immediate compulsion system in the legislative domain and the implementation stratification plane existence insufficiency and the question, then the utilization comparison analytic method system introduction overseas related system, proposed that reflects the advanced experience for our country. The third part, forms our country administration immediate compulsion system theory, proposed that consummates our country administration immediate compulsion system’s specific measures.