Discussion on the Administrative Execution on Obligation of Action or Non-Action

This research discusses the administrative execution on obligation of action or non-action by three dimensions. First of all, the Administrative Execution Act promulgated since 1998. However, most of immediate coercions are executed under emergencies not obligation; therefore, the Administrative Execution Act divide immediate coercion and execution on obligation of action or non-action into two chapters. This research puts forward a concept "the fiction of administrative disposition" which considers that prior administrative dispositions can be canceled, and then the immediate execution on obligation of action or non-action cannot be canceled. Secondly, both direct compulsory and substituted fulfillment are belonging to manners of execution on obligation of action or non-action. According to legislation, substituted fulfillment is indirect compulsory execution, but if administrative authority as substituted fulfillment, it should belong to direct compulsory. It is obvious that the article distinguishes direct compulsory from substituted fulfillment by properties of executive. This research proposes different opinions to clarify characters of direct compulsory and substituted fulfillment. Besides, it should establish irreplaceable and forcible of direct compulsory as standards, then considers that immediate coercion is kind of the concept of abbreviated procedure, not the manner of execution. Furthermore, this research discovers that the academic have diverse views with other elements which are deficiency or discrepancy, then frames the formal and substantial elements. In conclusion, sum up the whole comments and bring up some proposals.

Project ID:PF10507-0588
External Project ID:MOST105-2410-H182-003