On The Establishment Of The Enforcement Lawsuit In Our Country

Administrative lawsuit is a system of dissolving the administrative disputes. Over decade since our administrative procedural law was issued and enforced, it has played a decisive role in maintaining the order of administrative law and protecting the Administrative Relative Person's right and interest. However, the fact that current administrative procedural law can't cater for every sort of case has embarrassed us up to recent years. Under such circumstance, it's Obviously in demand and in season that we could hunter for the feasibility of the establishment of the Enforcement Lawsuit and designing its systems so as to set up the Enforcement Lawsuit of China's own. The popular researchers declare the administrative lawsuit as the game in which"the people charges the official."They don't care about the Enforcement Lawsuit,the Administrative Contract Lawsuit and so on, Which restricts themselves to a designated sphere. The Enforcement Lawsuit isn't a fantastic talk in China, on the contrary it survives speciously. The Enforcement Lawsuit is a way that"the official charges the people,"a special procedure of administrative procedural law. As my dissertation definite it, the Enforcement Lawsuit refers to When Administrative Relative Person disobeys the administrative decision of the specific administrative behavior, in legal time limit, doesn't perform it and doesn't seek legal relief, the Executive Authority applies to the court to perform the administrative decision with force. On the strength of general discussing about the Enforcement Lawsuit, my dissertation rescans the Enforcement With Non-Accusing Which is the embryo of the Enforcement Lawsuit and argued back and forth without coming to an agreement. Meanwhile, my dissertation concerns the tendency of which the Enforcement Lawsuit becomes a type of administrative lawsuit. In this part, I pay attention to the current situation of the Enforcement Lawsuit, which shows the Enforcement Lawsuit is in need. My dissertation focuses on two aspects, one is the feasibility of the establishment of the Enforcement Lawsuit in our country, and the other is the systematic conception of the Enforcement Lawsuit. The former contains three ways: the existing environment of administrative litigation, the administrative procedural right of the Executive Authority and the litigiousness of the Administrative Person's behavior. The Latter contains two ways.The notion for us to construct the systems of the Enforcement Lawsuit is the theory of "Balanced view". My dissertation pays much attention to such systems as the Plaintiff's qualification, the system of the litigant parties to participate in the lawsuit, etc. It's of course within limits in virtue of the limited length of my dissertation. America is the typical country where the Enforcement Lawsuit is well utilized. The writing intension of my dissertation is triggered by it, and my dissertation also benefits form my tutor's achievement. In a word, my dissertation aims at the trial of the establishment of the Enforcement Lawsuit in our country.