A Study On Replacing Fulfillment In Administrative Enforcement

Replacing fulfillment of administrative enforcement is an indirect enforcement way that is relative ease and have smaller effect on relative person's rights and interests.By using the technical conditions and experience of the third person,replacing fulfillment not only save the cost,but also improve the administrative efficiency.Therefore,replacing fulfillment is widely used in practice.The Administrative Enforcement Law has been formally introduced to the public in 2012,which firstly provides for an uniform in the replacing fulfillment.However,the Administrative Enforcement Law set on it only by three laws.There are many shortcomings in the implementation ways of replacing fulfillment,such as the expenses of collection,the mode of bearing legal responsibility and the rights relief.The omission of legislation will inevitably result in plight of practice.It is imminent to perfect the replacing fulfillment in our country.Based on the related theory problem of replacing fulfillment,this paper analyses the system present situation and shortage of replacing fulfillment and compares replacing fulfillment of other countries or regions in the continental legal system.Finally,the author proposes the concrete suggestion to perfect the replacing fulfillment.This paper includes five parts.The first part is the basic theory of replacing fulfillment of administrative enforcement.This part defines the replacing fulfillment and sort out the legal relationship between the main body in the replacing fulfillment.Then this paper discusses replacing fulfillment's system value and system advantage from theory and practice.The second part is the study of related theoretical issues about replacing fulfillment.This part thoroughly studies on some theoretical problems in practice and legislative process,including choosing replacing fulfillment or substitutive execution as the title,whether or not the administrative organs can carry out administrative substituted fulfillment,the functions positioning of the administrative organs and the legal status of the third party.The third part is the analysis of current situation about replacing fulfillment in China.This part analyses the shortage and difficulty of replacing fulfillment from the angles of legislation and practice.It combs the force slip laws of replacing fulfillment in tabular form and summarizes the legislative omissions.At the same time,this paper points to the practical dilemma of replacing fulfillment through concrete cases.The fourth part is to review and reference the system of replacing fulfillment in other countries or regions.This part mainly analyzes the replacing fulfillment in Germany,Japan and Taiwan.Besides,the author summaries the related concrete system that can be drawn lessons from above country or region.The fifth part is the suggestions to perfect the replacing fulfillment in China.In this context,the author put forward some suggestions.For example,Establishing the system of power ruled out resistance,Regulating the standards and procedures to choose the third party candidate,improving the mechanism of feescollected of replacing fulfillment,clarifying the main body of responsibility of replacing fulfillment and perfecting the relief system of replacing fulfillment.