Study On The Reconciliation Agreement Of Administrative Enforcement

Administrative enforcement reconciliation is a flexible administrative dispute settlement method that is gradually recognized by legislation along with the profound changes in our society and the continuous development of the concept of serving the government.The application of reconciliation in the field of administrative enforcement is a breakthrough to the traditional concept of administrative power,a useful attempt to establish a diversified dispute resolution mechanism,an effective solution to the conflict between the government and the people,a solution to the problem of "difficult enforcement",an increase in the efficiency of administrative law enforcement,and the realization of administrative An important way of purpose.China’s "Administrative Enforcement Law" stipulates the application of the administrative enforcement reconciliation system.Although the content of the legal provisions is strong in principle,it is also undoubtedly an institutional innovation,which is of great significance to promote the diversification of administrative dispute resolution in China.However,through the problems exposed by the system in the practical application of administrative enforcement,it can be seen that there are still many deficiencies in the current system design of administrative enforcement reconciliation in China,such as the scope of application is not clear enough,the operating procedures are not specific enough,and the supervision and relief mechanism is not comprehensive.and many more.Compared with developed countries and regions such as Germany and the United States,the development of related systems is relatively mature,while China’s administrative enforcement reconciliation system is still in its initial stage of development,and a systematic institutional system has not yet formed.This article takes the administrative enforcement reconciliation system as the research object,and explores the theory and practice of the system.On the one hand,it sorts out the characteristics of administrative enforcement reconciliation and analyzes and defines it with related concepts to clarify the concept of administrative enforcement reconciliation..On the other hand,it analyzes the legislative deficiencies of the administrative enforcement reconciliation system and the many dilemmas existing in judicial practice,so as to elicit the necessity of perfecting the administrative enforcement reconciliation system.At the same time,extract effective information from the beneficial experience of system construction in developed regions,consider how to base on China’s current practice,and explore appropriate administrative enforcement reconciliation and improvement measures.The article focuses on the legislative recommendations for administrative enforcement of reconciliation,the basic principles to be followed,the participants,the specific program design,and the legal effects and remedies of the settlement agreement,in order to achieve the effectiveness of the implementation of reconciliation without violating public welfare.The purpose of maximization.