Studies On Problems On Non-litigation Administrative Enforcement

Non-litigation administrative enforcement is one of the important components of the administrative litigation system in China. However, due to the absence of relevant legal regulations as well as rare attention of theoretical and practical fields, there exist many issues to be addressed urgently in the implementation of this system. This article systematically studies the primary theories of the concept. nature and properness of non-litigation administrative enforcement and so forth. Additionally, this thesis looks through the administrative mandatory enforcement systems in both legal systems and the evolution and the status quo of non-litigation administrative enforcement in China. Furthermore, the article addressed some much controversial issues in judicial practices, such as the scope of the non-litigation administrative enforcement, censorial standards and methods, the super addition and alteration of the object of enforcement during the non-litigation administrative enforcement, disposal in the context of the coincidence with civil enforcement, and the conciliation in enforcement. In conclusion, non-litigation administrative enforcement bears judicial and administrative properties. Secondly, the people's court has the power of non-litigation administrative enforcement has theoretical and practical grounds. Thirdly, it is in practices that China's non-litigation administrative enforcement system has been developed and improved gradually. Lastly, the current non-litigation administrative enforcement system in China requires further improvements.