试论行政强制执行

行政强制执行的理论依据主要是行政行为具有先定力;行政行为具有执行力;提高行政效率是行政行为的出发点和最终目的;公共利益至上.行政强制执行主要有大陆法系模式和英美法系模式.我国行政强制执行应由行政机关和法院共同行使.行政强制执行权的划分尚不统一,应加紧完善.

On the Administrative Enforcement

The theoretical bases of administrative enforcement are as follows: the force of administrative conduct assumed in advance; the enforceability of administrative conduct; the belief that administrative efficiency is the starting point and the ultimate aim of administrative conduct; the supremacy of public interest. Administrative enforcement has mainly civil-law pattern and common-law pattern. Chinese administrative enforcement should be co-exercised by the administrative body and the court. The division of the power of administrative enforcement is not uniformed, needing improving urgently.