行政强制执行中的比例

规范和控制执行行为的《行政强制执行法》即将出炉。该法应规定比例原则 ,应满足两个比例 ,即行政强制执行权分配合比例和执行手段合比例。前者指执行权在人民法院和行政机关分配符合适当性和必要性的要求 ,后者指执行手段应遵循适当原则、必要性原则和法益衡量原则。只有这样 ,该法才能体现公共利益和人民利益并重的现代法治观念 ,促进官民观念转变。

Proportionality of Arbitrary Administrative Execution

Law of Arbitrary Administrative Execution that standardizes and controls act of execution is about to come out. Proportionality principle is an important principle of administrative law that regulates the relationship of purpose and means. This law should stipulate proportionality principle, and meets two proportionalities, i.e. proportionality of the distribution of the power of arbitrary administrative execution and proportionality of execution means. Distribution of execution power and execution means should follow principle of suitability, principle of necessity and principle of legal interest measurement. Only in this way can this law embody the modern concept of rule by law that lays equal stress on public interest and people's interest, and furthers the transition of the concepts of people and officials.