我国行政强制执行和解制度研究

发布时间：2018-11-19 10:43

【摘要】：现如今,世界经济飞速发展,我国也一跃成为全球第二经济大国,日益发达的物质文明必定会改变人们的思维方式,所以作为社会秩序维护者的政府,公民对其行政职能的要求也日渐提高。过去传统的执法方式已不能适应如今社会管理的现状,新的思维观念要求一种更新、更快、更高效的方式去化解纠纷。在行政领域,以行政诉讼和行政复议为主的解决方式由于其成本高、时间长的弊端,很难及时有效的化解纠纷,而且即便案件得以解决,处理结果也未必能够使行政机关与都能满意。时代的变革需要思维的拓展与方法的创新,也正是因为和解能够更加快速、高效的解决纠纷,所以它从最初的只用于化解公民个人之间的矛盾冲突,到现在逐渐被广泛应用到行政执法领域,虽然过程漫长,但这种柔性的执法方式已被社会所接受和认可,可见和解在行政执法领域发挥着越来越重要的作用。法律设定之初并没有将和解制度引入行政法领域,但随着时代的发展,“行政契约”理论已经逐渐被我国的理论界和实务界所接受,立法者也意识到和解不仅可以在私法领域适用,也可以被公法所吸收和借鉴,所以现行的《行政强制法》就将行政强制执行和解正式纳入行政法律规定当中。强制执行和解是近代兴起的一种新的行政执法方式,它较之前的执法方式更为民主化和人性化。因此,《行政强制法》在第42条明确做出了行政强制执行可以和解的规定,并成为了一条法律准则,使其在实践中的应用具有了合法的依据。本文运用比较分析法界定了行政强制执行和解制度与其他相关概念的联系和区别,用历史分析法观察我国行政强制执行和解制度的发展沿革,并用实证分析法举例,进一步具体说明当下我国行政强制执行和解制度的现状,以求对我国的行政强制执行和解制度做出较为全面客观的分析。
[Abstract]:Nowadays, with the rapid development of the world economy, our country has become the second largest economic country in the world. The increasingly developed material civilization will certainly change people's way of thinking. Therefore, as a guardian of social order, the government, Citizens are increasingly demanding their administrative functions. The traditional law enforcement methods in the past can not adapt to the current situation of social management. The new thinking concept requires a new, faster and more efficient way to resolve disputes. In the administrative field, due to its high cost and long period of malpractice, it is difficult to resolve disputes in a timely and effective manner, even if the case is resolved. The outcome may not be satisfactory to the executive. The revolution of the times requires the expansion of thinking and the innovation of methods, and it is precisely because reconciliation can resolve disputes more quickly and efficiently, so it was originally used to resolve conflicts between individual citizens. Now it has been widely used in the field of administrative law enforcement. Although the process is long, this flexible way of law enforcement has been accepted and recognized by the society. It can be seen that reconciliation plays an increasingly important role in the field of administrative law enforcement. At the beginning of legal establishment, the system of reconciliation was not introduced into the field of administrative law, but with the development of the times, the theory of "administrative contract" has been gradually accepted by the theorists and practitioners of our country. The legislator also realized that the reconciliation can not only be applied in the field of private law, but also be absorbed and used for reference by the public law, so the current "Administrative compulsory Law" formally brings the administrative enforcement reconciliation into the administrative law provisions. Enforcement and reconciliation is a new administrative law enforcement method, which is more democratic and humanized than the previous one. Therefore, in Article 42, the Administrative compulsory Law clearly makes the stipulation that the administrative enforcement can be reconciled, and becomes a legal standard, which makes its application in practice have a legal basis. This paper uses comparative analysis method to define the relation and difference between administrative compulsory execution reconciliation system and other related concepts, to observe the development and evolution of administrative enforcement reconciliation system in China by historical analysis method, and to give an example with empirical analysis method. The present situation of the administrative enforcement reconciliation system in China is further explained in order to make a more comprehensive and objective analysis of the administrative enforcement reconciliation system in our country.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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