The Research On Chinese Non-lawsuit Administrative Execution System

Non-lawsuit administrative execution is the main mode of present compulsory execution in our country. It is playing an important role in preventing the misuse of administrative power and defending the relative legal rights of administrators, but it has some problems and remains further reform and perfect. As a judge who has been working in basic law courts for many years, the writer has shown concern for the non-lawsuit administrative execution system for a long time, and personally participates in the investigation of execution in non-lawsuit administrative cases, meeting many difficulties in practice, while accumulating certain executive experience. Now, the study on non-lawsuit administrative execution in our country is limited, some of which only rests on rationalism, concerning few practical problems and keeping num about such ones as the interest-driving in the executive process of courts. First of all, it intraduces a couple couple of representative pornts of new about the non-lawsuit administrative-excution, in which there exist some similaritiesand differences, It also analyses the three typical models about administrative compulsion in fireign countries, and points out that the leading model in our country is non-lawsuit administrative excution system. It also predicts that we wull continue to use this system model for a relatively long time. Secondly, the paper points out the confusion between administrative and legislation powers, which theoretically exists in our non-lawsuit administrative excution system, and the limitation of lack of unified legislation and directive principles. Systemtionly, there is the time undentification occurring in applying for the court's practice, the absence of setting up helping systems and some similar shortcomings. In reality, there are a lot of problems to be settled such as too many non-lawsuit cases, the lack of the standard unified examination, and the disagreement between the executive bodies. At last, to counterthe existed problems which lie in the comtemporary non-lawsuit administrative execution system of our country, this paper has put forward some instructive principles based on the improvement of the theory, the correct acknowledge about non-lawsuit administrative execution and its establishment. In the perfection of systems, the definition of application limit the establish meat of vitness, and the building of social relief falilities should be scientific and reliable. In the practice, the paper advises that the examination standard and the executive bodies should be unified, the executive programs should gradually be perfect. Beside, the paper raises the suggestion that we should make perfect the non-lawsuit administrative system on the basis of keeping present law frame in order to provide some reference for legislation and practice of administrative compulsory execution.