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On Designing of the System of State Coercive Power

Author: ZhaoZhang
Tutor: HuangXin
School: East China Normal University
Course: Constitutional and Administrative Law
Keywords: State coercive power Enforceable right to set Forced exercised Relief
CLC: D922.11
Type: Master's thesis
Year: 2011
Downloads: 43
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Abstract

State coercive power is to make sure the legal obligation or liability to the formation and implementation by the State and for the exercise of civil rights, in order to force people to obey relatively invasive power. As a national authority in the most direct and effective power, the state coercive power directly relates to the citizens' personal rights and property rights restrictions and deprivation of civil rights violations and therefore also the deepest level. How the design of the system to control the state coercive power, constitutes a national mandatory right system design of the main content. The institutional control, but also the right to control the national compulsory basis. Therefore, the state coercive power design of the system is essential. This paper describes the first part of the general theory of state coercive power, mainly from the definition of state coercion to start analyzing, and then come to the definition of state coercive power, and thus re-examine the definition of the scope of state coercion. On this basis, the national coercive powers were classified research, and the state coercive power and other areas of the relationship between law studies. The second part describes the principle of legality, the principle of proportionality and the principle of procedural due three legal enforceable right system at the national manifestation. This three legal principles is leading the state coercive power system construction of the lighthouse, it should be mandatory national property system to be well implemented. This paper describes the third part of the system of setting national mandatory right idea. Proposed to maintain the social order as a national legislative purpose of coercive power system. In the right setting, the right to propose the setting national mandatory vested in law, the implementation of an absolute principle of legal reservation. For indirect force through the exercise of power management purposes and should not be set directly enforceable right; For forced through the exercise of the right of property management to the destination can be reached, and should not set enforceable right against the person; For the right to take enforcement measures to ensure meet their obligations relative coercive measures should not set right. In the fourth part describes the system of national mandatory exercise of the right idea. National mandatory exercise of the right main problem is mainly related to the enforcement of the right to the executive and the division of powers between the court issues. Involving the enforcement of the right to personal freedom of citizens belonging Angelica court or subject to judicial review; relating to civil rights enforceable right to housing Angelica courts nor subject to judicial review; involving enforcement of penalty enforcement rights Angelica courts nor subject to judicial review. However, in case of emergency the exercise of coercive powers should be attributed to the executive. In the exercise of the right of national mandatory procedure system, in particular to reflect the warning system and settlement system. This paper describes the fifth part of the national mandatory relief system right system. Existing public relief system of rights can not be achieved adequately remedy. To achieve the full relief, on the one hand to achieve the parties and the public remedy exercised \Through the establishment and improvement of \

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