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本文根据我国现行的行政强制执行权的归属现状,从现行模式的不足之处,行政执行权本质属性以及实际运行趋势分析得出行政强制执行权应回归行政机关的结论。并从保护行政相对人和防止行政机关滥用强制执行权的角度,从三个方面进行制度设计。即明确行政强制执行的主体,严格行政执行程序,把“柔性政府”的概念引入到行政强制执行,鼓励公民参与行政,以期待缓和官民关系,有效解决我国行政强制执行出现的种种难题,保障行政强制执行制度正常有序的运行。
According to the current status of attribution of administrative enforcement power in our country, this article draws the conclusion that administrative enforcement power should be returned to the executive authorities from the inadequacies of the current mode, the essential nature of administrative enforcement power and the actual operation trend. And from the perspective of protecting the administrative counterpart and preventing the executive authorities from abusing the enforcement power, the system design is carried out from three aspects. That is to say, the main body of administrative enforcement should be clearly defined and strict administrative procedures should be implemented. The concept of “flexible government” should be introduced into administrative enforcement and citizens should be encouraged to participate in administration. With a view to easing the relationship between officials and citizens and effectively solving the problems of administrative enforcement in our country, Guarantee the normal and orderly operation of administrative enforcement system.