行政强制执行体制比较及立法选择

A Comparison of the Administrative Enforcement Practised in Different National Legislative Systems and Correlative Legislations

本文通过比较各国行政强制执行体制,阐明了其赖以形成之历史背景、法律传统以及行政法学理论资源,以此审视中国现行体制,分析其存在的问题和可能的改革路径,并试图通过这一个案例研究来引申制度设置与制度改革的逻辑。

Different administrative enforcement principles will be compared in this paper in order to depict some vital factors, by which various administrative enforcement principles came into being, such as the historical background, legislative tradition and the resources of the theories about administrative laws. By the comparison the paper observed the current legislative system in China, found the problems in our country＇s administrative enforcement principles, and discussed potential approaches tovre forming those principles. The final target of this case study is to explicate the validity of the system installation and the system reform in legislative field.