论行政代履行第三人

《行政强制法》第50条规定,当事人不履行行政决定时,行政机关可以委托无利害关系的第三人代为履行。代履行仅是行政事务的代实施,而非公权力的代行使,第三人与义务人都是行政决定的履行者。而第三人在代履行实施过程中,往往存在"机会性"、代履行费用难落实、代履行行为致损等问题,因此,必须依法规范代履行行为,切实保障代履行报酬,不断完善代履行行为的损害救济。

On Behalf of the Administration to Fulfill the Third Person

＂Administrative Enforcement Law＂ Article 50 states that when a party fails to perform administrative decisions, administrative authorities may delegate disinterested third party to perform such decisions. This perfor- mance is only the implementation of administrative affairs and not the exercise of the power; therefore both the first and the third party are enforcers of administrative decisions. During enforcement, there are often problems such as ＂opportunities＂, difficulties to implement performance cost, and acts on behalf of the administrative power, effective regulation damage relief actions. damage to the third party. Therefore, when performing must be reinforced to ensure rewards fulfillment and damage relief actions.