试论我国行政强制执行权的合理配置

Study on the Rational Coordination of Rights of Compulsory Execution

改革开放以来,我国形成了以法院执行为主,以行政机关执行为辅的行政强制执行制度。但由于已有法律对此划分得过于原则和宽泛,在实际执行过程中带来了一些问题。回顾研究了我国行政强制执行的理论和实践,考察分析了国外行政强制执行的状况,在此基础上提出行政强制执行权配置的"公正、效率、协调"的原则,并具体提出了在法院和行政机关之间分配强制执行权的主张和建议。

Since reform and opening-up, our country has taken shape the administrative compulsory execution system, which relied mainly on carrying out in the court, carrying out in the administrative organ complemented. Because that it has been divided in principle and widely by the existed law, it brings some questions in the course of carrying out actually. This text reviews the theory and practice of studying administrative compulsory execution of our country, investigates and analyses the state of foreign administrative compulsory execution and on this basis, puts forward the principle of fairness, efficiency, and coordination of the right of compulsory execution. It also concretely puts forward the opinion and suggestion of how to distribute the right of compulsory execution between court and administrative organ.