Research On Legal Regulation Of Administrative Forfeiture

Administrative confiscation is a general designation of "confiscation of illegal income, confiscation of illegal property" in the "Administrative Punishment Law" by theoretical realm. The formal establishment of China’s administrative confiscation system begins with the promulgation and implementation of the "administrative punishment law". As a relatively simple and easy way of administrative punishment, The administrative confiscation is widely applied to the practice of administrative management since it was been establishment, and it gradually become an important system in the administrative law system of our country. However, since the law is not clear enough, and the lack of relevant interpretative provisions, administrative confiscation regime applicable in the process of gradually exposing the concepts vague, difficult to define the scope of the subject matter, allocation of the right of setting is not scientific, the decision procedure is not reasonable and a series of other defects. Although theorists and practitioners have been trying to find ways to solve these problems, but we have to admit that since too careless caused by the "inherent" the law has led to a conflict between legal norms, triggering the administrative enforcement chaotic disorder activity, and ultimately harm the legitimate rights and interests of the administrative counterpart, damage the credibility of the justice administration organs and society. Based on this, this paper summarized, analyzed, compared and induced laws and regulations, legal opinions related to domestic and foreign experts and scholars, and combined with the basic theory of administrative law, try to put forward the strategy which coping with the current legal construction. Strive to make clear the main concepts in the administrative confiscation system, divide the scope of the subject of administrative confiscation, At the same time improve the distribution of administrative power to confiscate set, standardize administrative procedures confiscation decisions, deal with the reality hinder the process of implementation of the administrative forfeiture encountered propose a solution, hoping it is conducive to improving China’s administrative confiscation system.