Research On The Protection Of The Rights And Interests Of The Third Party In Administrative Enforcement

The protection of the rights and interests of the third party in administrative compulsion refers to the activities to protect the lawful rights and interests of citizens,legal persons or other organizations invited or entrusted by administrative organs to participate in the process of administrative compulsion,except those who have an interest in the administrative compulsory act already undertaken,or who are administrative counterparts who are affected or constrained by the compulsory act or who are invited or entrusted by administrative organs to participate in the process of administrative compulsion.In the course of exercising administrative compulsion,it is easy to cause damage to the legitimate rights and interests of the third party,especially the personal rights and property rights of the third party.The normative factors that lead to the damage of the rights and interests of the third party of administrative compulsion are as follows: the content of the administrative compulsion law is defective,the enforcement of the compulsory subject is not standardized,and there is no legal provision on the relief mechanism of the rights and interests of the third party.Due to the obstacles in relevant legislation,law enforcement and rights relief,it is necessary to improve the protection of the rights and interests of the third party in administrative coercion.It is clear that "the protection of the legitimate rights and interests of citizens" is the primary legislative purpose.It is necessary to establish the law enforcement concept of rights protection,establish the system of separation of adjudication and enforcement in the compulsory execution of "applying for compulsory execution by people’s court",and establish the system of "applying for judicial organs to take compulsory measures" in the compulsory measures,and strengthen the supervision mechanism for the protection of the rights and interests of the third party.To determine the independent subject qualification of the third party for reconsideration,it is not only necessary to establish a legal relief system based on compensation,but also to strengthen the litigation procedures for the protection of the rights and interests of the third party,and to increase the provisions for stopping the execution of the remedies within the limitation period.