行政强制代履行费用征收及当事人救济制度完善

Administrative Compulsory Generation Fee Collection and the Perfection of Party Relief System

《中华人民共和国行政强制法》第51条第2款规定:"代履行的费用按照成本合理确定,由当事人承担。但是,法律另有规定的除外。"此条规定笼统,不利于实践操作,应从三个方面进行完善代履行费用征收及当事人救济制度:一、行政机关自行代履行,需要建立内部代履行规范机制,委托第三人代履行应规范第三人资质及定价机制;二、应确立代履行费用事后缴纳机制,当事人不履行代履行费用时应参照金钱给付义务执行方式执行;三、代履行费用征收行为可进一步区分为基础决定和执行行为,当事人与行政机关因代履行费用发生纠纷,当事人可通过行政复议或行政诉讼救济,行政机关就第三人代履行还应承担担保责任。

Article 51,paragraph 2 of the “Administrative Enforcement Law of the People's Republic of China”stipulates:“The expenses for performance on the part of the performance shall be determined reasonably according to the cost and shall be borne by the parties. However,unless otherwise stipulated by law.”Practice specific operations. 1. How to determine the cost of fulfillment here is reasonable? The administrative organ shall perform its own performance on its own behalf. It is necessary to establish an internal generation performance standard mechanism and entrust a third person to perform the third party qualification and pricing mechanism. Second,the post-payment mechanism for the performance of the performance shall be established. The party shall refer to the money when it fails to perform the performance fee. The execution of the payment obligation shall be carried out; 3. The act of collecting the performance of the expenses may be further divided into the basic decision and execution. If the party and the administrative agency have disputes over the performance of the expenses,the parties may pass administrative reconsideration or administrative litigation relief,and the administrative organ shall On behalf of the performance should also bear the responsibility of guarantee. This article discusses the above three aspects to try to improve the implementation of the implementation of the fee collection and the party's relief system.