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我国现行行政强制执行二元执行主体模式存在诸多问题和争议,直接导致现实的行政强制执行无法有效保证行政决定的实现及对行政相对方权益的保护。本文通过分析行政强制执行体制的历史发展阶段及其社会背景有助于探究我国行政强制执行体制的成因和症结并加以完善。科学理性立法应取代现实急需短期立法,并立足于我国历史传统和社会现实有选择地借鉴国外先进立法经验,平衡公正价值与效率价值,从而进一步完善我国的行政强制执行体制。
There are many problems and controversies in the current executive enforcement mode of dual enforcement of administrative enforcement in our country, which leads directly to the fact that the actual enforcement of administrative enforcement can not effectively guarantee the realization of administrative decisions and the protection of the rights and interests of the counterparts in the administration. By analyzing the historical development stages of administrative enforcement system and its social background, this article helps to probe into the causes and crux of China’s administrative enforcement system and improve it. The scientific rationality legislation should replace the short-term legislation, which urgently needs the reality. Based on the historical traditions and social reality in our country, we should learn from the advanced legislative experience abroad and balance the values of fair value and efficiency so as to further improve our administrative enforcement system.