The System Of Administrative Enforcement Without Substantive Judicial Review

Administrative enforcement without substantive judicial review is a very important legal problem, and plays a fundamental role in the process of administrative execution, but this institution is not constructed comprehensively and scientifically, so it is probable to conduce to abuse of administrative power and infringement on the rights of the private parties in the process of administrative Non-litigation(AEN).Since reform and opening, the mode ,which applying from people's court to enforce mainly and enforcing by administrative organ themselves has been formed, has some problems both theoriocally and practically. Author, through the study of the relevant history of the institution ,the different institutions of foreign countries and the current AEN, intends to ,as to how to perfect the current AEN, gives out some suggestions.Basing on the analysis of AEN both theoriocally and practically, Author forword that AEN should returned to administrative organ,and gives some suggestions to perfect this mode. This paper consists of five parts. The first parts probes into AEN' fundaments. The second parts analyse the history of AEN and the necessity of reform. Next part mainly study foreign modes to provide theory support. The fourth part analyses the problems of AEN and foreword the suggestions that AEN should be returned to administrative organ. The last part is concerning the measures to perfect the AEN returned to administrative organ.