Research On Administrative Prompt Coercion In Taiwan

Administrative prompt coercion is an important part of administrative coercion system,with the rule of law theory, contract theory, rights and power balance theory and modern concept of procedure as the theoretical basis, with characters such as administrative, highly discretionary, procedure concise and great infringement of rights and interests,etc. While Taiwan China has its unique standard and system design on administrative prompt coercion.In Taiwan area,there are three implementation conditions:enforcement agencies have statutory functions and powers to the transaction, to prevent the occurrence of crime, harm or avoiding immediate danger and urgent necessary to immediate disposal.Concrete implementation method depending on the implementation of the object, can be divided into the regulatory constraints for human body, holding, use,disposal or limit its use for things, kinds of premises to enter, and other necessary disposal in accordance with legitimate authority.Besides, "a process and two kinds of responsibility" as the main relief ways.From the point of view of legislation, public security management and health controls is the typical areas on prompt coercion in Taiwan. From the point of view of practice,the judgment of the courts at all levels in Taiwan shows application of prompt coercion intuitively and the handling of disputes involved. Compared to Taiwan area, mainland China’s prompt coercion have some differences in the legislative mode and legislative level,subject of implementation and implementation method, understanding of legal nature of prompt coercion and relief system construction, of which successful and effective system designs in Taiwan can be combined with our own development situation of Chinese mainland,so that we can make a positive and effective adjustment.