Research On The Legal Regulation Of Administrative Immediate Enforcement Rights

Administrative prompt coercion is an administrative power that has an important influence on the personal rights and property rights of citizens. In today's China, due to the neglect of law on the administrative prompt coercion which led to the rules and regulation is also very simple and crude. Because of the law which lack of meticulous and effective operability the power of administrative prompt coercion often out of control. And the direct consequence is the civil rights of civilians are very easy to be infracted all the time. Because this kind of rights are often related to the vital interests of citizens and the respect for the rights of citizens to be reflected among the tiny places is an important manifestation of the progress of the country which is ruled by law. It also has a very important role for the stability and harmony of social order . But the randomness of the power is continue to infract it.There is no doubt that it intensifies the social contradictions between citizens and the government which also has a bad influence to build the harmonious society and the process of erecting a nation of laws.On the basis of the existing research results,this paper starts from the basic theories of administrative immediate coercion, including concepts,characteristics and legal orientation to prove it is possible to discuss the legal regulation of administrative prompt coercion; Compared with extraterritorial coercive development experience as well as civil law and common law as well as interpretation of the status of China's current situation, and analyze the existing legal regulation issues, such as : evaded by legislation; simple and powerless of existing regulatory conditions; arbitrary; accountability focus deviation as well as low-cost illegal etc. At the final part of this paper some ideas and suggestions from the aspects of legislation, administrative and judiciary and so on are proposed to solve the series of problems.For example, in the legislative aspects of need a clear and positive response to "prompt coercion";improve the legislative model and the legislative level; guiding principles of law and the necessary mandatory procedures restrictions; administrative hearing procedure, review system led by the State's attorney and so on.