论行政强制执行权的设定

On the Establishment of the Right of Forceful Executive

行政强制执行权是行政强制执行行为的精神内核,是行政强制法必须加以规范和明确的首要问题。基于行政强制执行权自身的特点和行政管理活动的现实要求,我国未来的行政强制法应当对行政强制执行权的设定主体、行政强制执行权在行政机关与司法机关之间的分配、行政强制执行权在行政系统内部的分配以及行政强制执行权的授权方法等问题做出明确、合理的规定。

The first issue that the law of forceful executive must clarify and regulate is the right of forceful executive, which is the soul of the performance of forceful executive. According to the feature of the right of forceful executive and the demand of the administrative activity, some issues should be convincingly clarified before the establishment of forceful executive. These issues include the body which is authorized to establish the forceful executive, the distribution of the right of forceful executive between the executive and the court as well as in the executive itself, and the authorization of the right of forceful executive.