Administrative Compulsory Execution System Reform Research

Administrative enforcement system directly affects,and even to a certain extent,determines the running state of administrative compulsory execution,efficiency and quality,is also an important system in the administrative management system,has important implications for the effect of the administration.In our country,since the establishment of administrative enforcement regime to "Administrative Enforcement Law" enacted,until today,the academic sector and practical departments did not stop to explore administrative enforcement system.Because our country under the rule of law culture is less developed,administrative law development history is relatively short,administrative management is complicated;the current administrative enforcement system has many problems and so on.The purpose of this article is to build scientific administrative enforcement system in our country,First of all,the author analysis the current administrative enforcement system,including the present situation and cause analysis,the main disadvantages of,to demonstrate the necessity of the reform;Secondly,the author comprehensively comb and analyze the reform of the domestic scholars point of view,to determine the administrative compulsory enforcement completely belonging to administrative organs reform train of thought,and demonstrate the necessity and feasibility of belonging;Third,the establishment of the implementation of the reform path,the author draw lessons from the successful experience of the "administrative punishment concentrated exercise",separate the decision and implementation,puts forward to set up the administrative enforcement departments at or above the county level(including county-level)in local governments,this paper expounds the establishment of theoretical basis,and specific set of compulsory enforcement,and clarify the enforcement departments and other relevant departments;Finally,building security system,the author revised "Administrative Enforcement Law",to clear the main body of administrative compulsory execution and procedure,establish and perfect the relevant system,to ensure the smooth running new administrative enforcement system.The establishment of administrative enforcement departments alone,not only conforms to the reform of the"judicial power and executive separate" requirement,also can adapt to and meet the real needs of administrative compulsory execution.New insights of this article is mainly embodied in three aspects:First of all,the paper puts forward a new train of thought,establish administrative enforcement departments alone,to focus on exercise of administrative compulsory enforcement,to responsible for executing the administrative authority for the people's court for compulsory execution of cases;Second,puts forward a new design of administrative compulsory enforcement agencies responsibilities,staffing,executing process,the legal liability and legal relief,etc.;Finally,puts forward a new suggestion,regarding the revision of the "Administrative Enforcement Law" and construction of related systems.