On The Suspension Of Administrative Enforcement In China

Under the background of continuous promotion of the service-oriented administrative concept,even in the enforcement of this kind of administrative behavior with strong compulsion and coercion,some non compulsive solutions are explored.In 2012,the administrative compulsion law,which was launched,explicitly makes the combination of coercion and education as the principle of administrative compulsion.When the enforcement may cause too much damage to the administrative counterpart or the third party,it is necessary to suspend it temporarily and seek a more suitable way of enforcement,which is the embodiment of the principle of minimum infringement and the concept of service administration in the administrative enforcement.Based on Article 39 of administrative compulsory law,this paper analyzes the suspension of compulsory execution in China.The full text is divided into four chapters,excluding the introduction and conclusionThe first chapter introduces the relevant theoretical issues of the suspension of compulsory execution.It introduces the theoretical basis,legislative purpose and behavior nature of the suspension of compulsory execution.At the same time,it analyzes the relationship between the suspension of compulsory execution and the legislative values and principles followed in the administrative compulsory legislation.The second chapter makes a certain arrangement and analysis of the application of the suspension of administrative enforcement.First of all,from the perspective of legal provisions,it points out the difference and connection between the suspension of compulsory execution in Article 39 of the administrative compulsory law and the suspension of execution in the administrative procedure law and the administrative reconsideration law.Analyze whether bringing reconsideration and litigation has the effect of enforcement.Secondly,it analyzes the scope of application of the compulsory execution suspension in Article 39 of the administrative compulsory law,as well as some detailed provisions on the compulsory execution suspension in some local laws and regulations.At last,the paper makes some sort and analysis of the types of disputes caused by the suspension of enforcement in practiceThe third chapter analyzes the shortcomings of the suspension of compulsory execution.First of all,the deficiencies of the existing law are analyzed,mainly for the current situation of the suspension of compulsory execution is more general and abstract,and for the resumption and termination of the suspension of compulsory execution and other procedures are more vague.Secondly,through a large number of case studies,the author summarizes that in practice,the application of the suspension of compulsory execution mainly has the following problems: abuse of the suspension procedure of compulsory execution,disorder of the procedure,difficulty of the third party relief and so on.The fourth chapter is the research on the perfect path of the suspension of compulsory execution.Based on the reference of some foreign laws and the analysis of the problems in the legislation and practice of the above-mentioned suspension of compulsory execution,the author puts forward some opinions and suggestions on the legislation and practice of the suspension of compulsory execution in China.It includes refining the relevant standards of compulsory execution suspension,standardizing the applicable procedures of compulsory execution suspension,strengthening the inprocess supervision of compulsory execution suspension,and improving the value judgment standards of compulsory execution suspension.