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《Nankai Journal》 2004-05
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Research on Compulsory Administrative Measures

Fu Shicheng(School of Law, Nankai University, Tianjin 300071, China)  
Provided by Administrative Procedure Law of The People's Republic of China, compulsory administrative measures are specific administrative acts subject to judicial review. It is also a significant point to the legislation of Administrative Enforcement Law. However, present laws leave much room for defining compulsory administrative measures, and there is a lack of a rational summary on them. Therefore, in both practice and theory, the understandings of compulsory administrative measures are different, even divergent. Here, the author will define compulsory administrative measures as enforceable means taken in the enforcement of administrative law. Specifically, the author believes that the present provisions on compulsory administrative measures authorize the administrative executive organs with administrative power on the exclusion of hindrance on one hand, and make the compulsory administrative measures under supervision by both administrative organ for reconsideration and court on the other. Last but not least, when we touch upon judicial review over the compulsory administrative measures, the relationship between said measures and the rights of the opposite person to the administration, as well as the independence and integrality as a specific administrative act, should be taken into serious consideration.
【CateGory Index】: D925.3
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【Co-references】
Chinese Journal Full-text Database 10 Hits
1 WANG Ya-fan~1,YAN Ru-en~2 (1.Office of Academic Journal,Northeast Normal University,Changchun 130024,China; 2.Department of Law,Jilin College of Public Security,Changchun 130021,China);Analysis of Some Concepts in Open Administration[J];Journal of Northeast Normal University;2004-01
2 ;Legislation of the Administrative Procedure and Its Fundamental Principles[J];Justice of China;2006-05
3 AO Shuang-hong(School of Law,Central-south University,Changsha 410083,China);Several Basic Issues Got Involved in Legislation of Administrative Coercion[J];Journal of Fujian Public Safety College;2006-05
4 WANG Ze-cheng (The People University of China,Beijing 100872,China);The Proportional Principle of Administration Jus Cogens and Its Practice in China[J];Journal of Guangdong Institute of Public Administration;2003-04
5 ;On Our Country's Arbitrary Administrative Enforcement Mode Selection and its Operation[J];Hebei Lawscience;2001-02
6 ZHAO Xiao-hua (Hebei Professional College of Political Science and Law,Shijiazhuang 050061 China);Study on the Rational Coordination of Rights of Compulsory Execution[J];Hebei Law Science;2005-04
7 Jiang Yufu(The Party School of Quzhou Party Committee,Quzhou 324002,China);On the legislative models of administrative compensation[J];Journal of Hubei University of Police;2008-02
8 YANG Jian-sheng,RUAN Feng(Guangxi Normal University,Guilin 541004,China);Comparative Study of Administrative Compulsory[J];Journal of Harbin University;2006-06
9 CUI Zhuo-lan,ZHANG Jing-fei;Pursuing the Double Value of Procedure and Consequence——Exploring the Legislation of the Administrative Compulsory in PRC[J];Journal of South China Normal University(Social Science Edition);2008-03
10 AO Shuang-hong(Law School of Central South University, Changsha, Hunan 410083,China);Several Elementary Theories of the Remedy of the Administration Coercion[J];Presentday Law Science;2007-04
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