What are the administrative organs with the power of administrative compulsory enforcement?

It is mainly the courts that have the power to enforce; The public security organs, tax authorities and customs have a certain limit of enforcement power. There is also a certain right of enforcement, such as the public security organs and the local taxation department, the industrial and commercial department, the quality department, and the health department all enforce specific mandatory rights on behalf of the government.

According to the provisions of China's current laws and regulations, administrative compulsory enforcement is carried out by both administrative organs and judicial organs, that is, administrative organs and courts can become the subject of administrative compulsory enforcement.

The distribution of administrative enforcement authority among them can be summarized in accordance with the provisions of China's Administrative Litigation Law and relevant judicial interpretations"The principle of applying to the court for compulsory enforcement is the exception of the administrative organ's own compulsory enforcement"。

This administrative compulsory enforcement system was formed on the basis of summarizing the historical experience of the administrative compulsory enforcement systems of various countries and in accordance with the actual situation of our country.

However, in reality, many administrative organs violate this statutory principle and abuse the power of enforcement, often causing huge losses to the counterpart, such as the case of the Shuangliu County Comprehensive Management Office of Chengdu City forcibly demolishing the billboards on both sides of the Chengdu Airport Expressway.

Legal analysis: Before the implementation of the Administrative Coercion Law, in principle, only public security, national security, customs, industry and commerce, taxation, and the people at or above the county level have the right to enforce administrative coercion, but at present, the Administrative Coercion Law has expanded this scope abstractly, and there are two situations: the compulsory demolition of illegal buildings, structures, and facilities.

Enforcement of monetary payment obligations when certain conditions are met. When the above two situations occur, and the hunger transport meets certain conditions, a wide range of administrative agencies have the right to enforce the law on their own, such as the transportation bureau auctioning and impounding vehicles to pay fines, and the land bureau to force the demolition of illegal buildings, etc.

Legal Broad Limb Verification Basis: Article 15 of the Administrative Coercion Law of the People's Republic of China: The organ that sets up administrative compulsion shall periodically evaluate the administrative compulsion it has established, and promptly revise or repeal any inappropriate administrative compulsion. The organ enforcing administrative compulsion may conduct an evaluation of the implementation of the administrative compulsion that has already been set up and the necessity of its existence in a timely manner, and report its opinions to the organ that set up the administrative compulsion.

Citizens, legal persons, or other organizations may submit opinions and suggestions on the establishment and implementation of administrative compulsion to the organs that set up administrative compulsion and the organs that implement it. Relevant organs shall earnestly study and demonstrate and give feedback in an appropriate manner.

Legal Analysis: Administrative compulsory enforcement organs are mainly administrative organs and people's courts with statutory administrative enforcement powers. The law stipulates that where the law does not provide for compulsory enforcement by an administrative organ, the administrative organ that made the administrative decision shall apply to the people's court for compulsory enforcement.

Where a party fails to perform its obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative compulsory enforcement shall enforce it in accordance with the provisions of this chapter.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court for the location of the property being enforced.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Article 225:Where parties or interested parties feel that enforcement violates legal provisions, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it. Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.

Article 226:Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a certain period of time, or may decide that the court to enforce it or order another people's court to enforce it.

Article 231:Where during enforcement, the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide on a suspension of enforcement and the period for which enforcement is to be suspended. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the collateral property of the person subject to enforcement or the property of the guarantor.

Legal analysis: Before the implementation of the Administrative Coercion Law, in principle, only public security, national security, customs, industry and commerce, taxation, and the people at or above the county level have the power of administrative coercion, but at present, the Administrative Coercion Law has expanded this scope abstractly, and there are two situations:

1. Compulsory demolition of illegal buildings, structures, and facilities;

2. Enforcement of the obligation to pay money when certain conditions are met.

Legal basis: Law of the People's Republic of China on the Compulsory Administration of Radical Politics

Article 34: After an administrative organ makes an administrative decision in accordance with law, where a party does not perform its obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative compulsory enforcement is to enforce it in accordance with the provisions of this chapter.

Article 13: Administrative compulsory enforcement is established by law. Where the law does not provide for compulsory enforcement by an administrative organ, the administrative organ that made the administrative decision shall apply to the People's Court of Justice.

The administrative organs with the power of enforcement generally include the people** at or above the county level, as well as the public security organs, national security departments, customs, industry and commerce departments, and taxation departments. The Administrative Coercion Law stipulates that when certain conditions are met, a wide range of administrative organs have the right to enforce the law on their own.

Article 34 of the Law of the People's Republic of China on Administrative Coercion, after an administrative organ has made an administrative decision in accordance with law, if the party concerned fails to perform its obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative compulsory enforcement shall enforce it in accordance with the provisions of this chapter. Article 5 of Article 30 of the Administrative Coercion Law of the People's Republic of China provides that before an administrative organ makes a compulsory enforcement decision, it shall urge the parties to perform their obligations in advance. The reminder shall be made in writing and shall indicate the following matters:

1) the time limit for performing obligations; (2) the manner in which obligations are to be performed; (3) Where monetary payments are involved, there shall be a clear amount and method of payment; (4) The right to make statements and defenses enjoyed by the parties in accordance with law.

Many administrative organs such as public security, customs, taxation, and national security have the power to enforce the law, but the scope of enforcement is different. It depends on the law.

The enforcement of administrative punishments, as a necessary means to achieve administrative punishments, plays a very important role. An important condition for how to give play to the role of enforcement is that there must be an enforcement entity with statutory authority, that is, an administrative enforcement organ. The rules on which organs are authorized to exercise executive powers vary considerably from country to country.

The law of civil law countries provides that the administrative authority that makes the administrative decision has the power to enforce its own decisions, while the law of common law countries provides that the enforcement power of the administrative decision should be exercised by the judicial organ. At present, there are no uniform provisions in China's laws, and many laws and regulations stipulate that administrative organs apply to the courts for enforcement when it is difficult to enforce administrative punishment decisions, and some laws and regulations stipulate that administrative organs themselves enforce them.

In order to standardize the enforcement of administrative punishments, the Administrative Punishment Law has established a system in which China's administrative punishment enforcement organs are mainly composed of the people's courts, and the enforcement power of administrative organs must be prescribed by law. The Administrative Punishment Law stipulates that if a party fails to perform an administrative punishment decision within the time limit, the administrative organ that made the administrative punishment decision may take the following measures:

1) If the fine is not paid when due, a fine shall be imposed according to 3 of the amount of the fine every hour;

2) In accordance with the provisions of the law, the fine, seized property is auctioned or the frozen deposit is transferred to offset the fine;

3) Apply to the people's court for compulsory enforcement. This clearly shows that the people's courts are in a dominant position in the enforcement of administrative punishments, while the administrative organs' administrative enforcement powers are limited, and in addition to the enforcement power to impose additional fines, other enforcement powers such as sealing, seizure, and freezing and allocations must be prescribed by law. According to the provisions of the current law, only the three administrative departments of public security, customs, and taxation have the power to seal, seize, freeze, and transfer administrative compulsory enforcement.

In the administrative punishment or administrative coercive measures, the law does not clearly stipulate that the restriction of personal freedom can only be exercised by the public security organs!! In other words, for the following measures, the administrative organ has the right to do a few or all of them, but for a certain type of administrative organ that does not have the right to enforce, it can only apply to the people's court for compulsory enforcement! Refer to the Law of the People's Republic of China on Administrative Punishment and the Law of the People's Republic of China on Administrative Compulsion.