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The Regulation and the Remedy of the Administration Urgent Coercion

Author: LanYaLi
Tutor: ChenJunYe
School: Zhejiang Technology and Business University
Course: Procedural Law
Keywords: administration urgent coercion basic values of administrative law legal regulation legal relie
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 143
Quote: 0
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Abstract

The Administration Urgent Coercion is an importance field of Administrative Law system. At present, China will soon promulgated "The Administration Coercion Law"(draft), there is a new upsurge has raised in researching the theory and practice.The administration urgent coercion (AUC) as the chief executive of the administrative force, and in a parallel position with administrative enforcement. AUC is a specific administrative act. Because of the destruction with it, carrying on AUC must face to choice and balance. Our law has provided the opposite person for administration with legal relief, but out this relief system has many defects. It will bring on threatens to lawful right and interests. The defects expression in lawsuit procedure and Administrative Compensation procedure, for instance, lacking the specific regulations, the opposite person for administration will at a disadvantage in the lawsuit, their rights are difficult to achieve to.The article makes up of four Parts. This paper adopts comparative analysis and empirical analysis and other methods to research regulation and relief of AUC. The first part introduces mainly the administration of representative viewpoint and real-time mandatory differences, that is compulsory administrative instant administrative subject in an emergency power of administrative behavior, in the process of almost at the same time, with decision based on the premise of existing obligations. The second part research administrative compulsory legal norms by real-time empirical analysis, pointing out the problems of our administrative compulsory legal system. The third part discussing the relief way we choose, by introducing other countries system, pointing out that combining administrative relief with judicial will out best chose. The fourth part is compulsory administrative regulation and judicial remedy, researching the lawsuit system of administrative compulsory and administrative compensation and administrative compensation.

The Regulation and the Remedy of the Administration Urgent Coercion

Abstract

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