Study On Issues Of Non-stopping The Enforcement Of Administrative Act In The Administrative Litigation

The system of the non-stopping the enforcement of the specific administrative can help to improve efficiency and the public interests , and to protect the citizen's rights . Something must be done to revise the system basing on the principle of law and the judicial practice . Viewed in characters of acts of enforcement during the administrative litigation, the system should be applied on the condition which the administrative orgn has the power to enforce , and the period of impleading has passed through . The system of non-stopping the enforcement is adaptive to the situation of our country and the process of the gradually development of rule of law . Because the current system has many faults , in order to build up the base of the theory of non-stopping enforcement of administrative acts , the basic theory of the system of non-stopping the enforcemet should be revised , and , on the base of the theory of the public confirmation strength and executive strength , the viewpoint of comprehensive strength to enforce the administrative acts should be emphasized . To carry out the system of non-stopping enforcement, the power between the court and the administrative orgn should be differentiated reasonably , and ascertain the objects which should be put in the non-stopping enforcement system . Simultaneously , the concepts of remeding the rights and balancing the interests must be strengthened , and make perfect the provisions on the procedure of appling for stopping the enforcement, so that protect the interests of people who have rights . Things that must be made clear involving the contents of appling for stopping enforcement , the burden of proof , the standard and condition for the court to decide to stop the enforcement, the effect of judge which has been made out, the procedure to discharge the judge and so on .