Research On Hearing System Of Non-litigious Administrative Execution In China

Nowadays, courts of China are handling lots of non-litigious administrative execution cases. The problems such as the difficulty and confusion in the civil execution are increasingly outstanding. This goes against to maintain judicial fairness of people's courts, and easily causes social contradictions. Therefore, many courts of province and city level have introduced hearing system of non-litigious administrative execution to the judicial practices, and gained good effect. It's not only standardized the enforcement act, ensured the fairness and justice of the enforcement, and also maintained the legal rights of the administrative counterparts, avoided sharpen the social contradictions through hearing. It plays an important role in constructing the hearing system of non-litigious administrative execution in China.This thesis divided into three parts:introduction, text and conclusion.The first part is a summary of the hearing system of non-litigious administrative execution. In this part, the author defined some related concepts to hearing system of non-litigious administrative execution firstly. And secondly, the author discussed the simple characteristics of hearing system of non-litigious administrative execution. She argued that this system has independence, openness, fairness and authority. Thirdly, through introducing the academic researches on the legal nature of the hearing system of non-litigious administrative execution, the author argued that the hearing system of non-litigious administrative execution is a form of the people's courts'enforcement. It's a kind of judicial operation. Therefore, it's judicial hearing. At last, the author discussed the theoretical basis of hearing system of non-litigious administrative execution. And the Principle of natural and justice of UK and the Principle of legitimate Procedure of USA became the two basic theories of the hearing system of non-litigious administrative execution. The second part is a practical analysis of the hearing system of non-litigious administrative execution in China. The author made a summary according to the practical situation and existing problems in different places in China based on the existing legal rules of hearing system of non-litigious administrative execution, and argued that it has practical meaning to introduce the hearing system of non-litigious administrative execution to China.The last part of the thesis discussed the construction of the hearing system of non-litigious administrative execution in China. The author combined with the situation of China, used the method of value analysis to establish the principle of hearing through making related laws, and constructed the hearing system of non-litigious administrative execution of China based on the designing of the elements of hearing system of non-litigious administrative execution.At the end, it's the conclusion part of the thesis. The author concluded the text, introduced the important meaning of the hearing system of non-litigious administrative execution in our judicial practices of non-litigious administrative execution, and expected to make some efforts to the construction of the hearing system of non-litigious administrative execution through her theoretical analysis.