On Non-litigious Administrative Execution

According to the administrative law,the administrative subject requests the administration counterpart fulfill the certain public law duty mainly basing on the administrative law to realize the effective social management.To this,the counterpart usually has three kinds of manner.The first is fulfilling the duty on his own initiative.The second is proposing objection.The third is neither fulfilling nor proposing objection.In order to achieve the administrative goal, maintain the normal management order,according to legal rule,if the counterpart does not fulfill his duty nor propose the administrative proceedings,the administrative subject may enforce the duty on the counterpart by applying for the People's Court.This is the subject of my thesis,non-litigious administrative execution,which is the important constituent part of our country's administrative execution system.However,since the reform and openingin China,the development course of this system is shorter.Therefore,our country's non-litigious administrative execution system is far inferior to that of foreign countries in theory research and system construction,which have passed through the long-term development and formed the maturer theory system and the perfect legal system.Comparatively,there are still the difficulties of fundamental research lag,the legislation oversight,the loopholes of the system itself,the imperfection of the related laws and so on,which lead to unsatisfactory results actually.In order to solve the problems mentioned above,the author attempts to propose suggestion profiting from the predecessor's research results to realize the non-litigious administrative execution system's original intention of preventing the illegal administrative action from entering the executive routine and protecting the counterpart's legal rights and interests.There are five pieces of sugguestion for improving the current non-litigious administrative execution system.The first is to set up the enforcing power assignment principle to solve the existing problem with the obscure execution subject,who has no liability for their action.The second is to establish the reconciliation system of non-litigious administrative execution to meet the need for reconciling and constructing harmonious society.The third is to set up hearing system of non-litigious administrative execution to correct the wrong idea of ignoring the rights of the counterpart.The forth is to Improve the remedy system of non-litigious administrative execution for offering the remedial ways for the loss that the counterpart receive because of carrying out the mistake.The fifth is to Improve the related systems for offering the good ecological environment for non-litigious administrative execution system.