Research On Execution To Administrative Organ In The Administrative Action

Since the Law of Executive Accusation has been promulgated and implemented in the 1990s,more and more cases of administrative dispute are brought into line with judicial practice,which leads to the gradual increase of administrative cases.However,not all administrative action decree are performed initiatively by the party to a lawsuit.When the party does not fulfill his decree,it will turn to the court.Due to its particularity,the systems are quite different from those of civil action and criminal action.Specifically,in the aspect of executive system,the manner of execution,measures of implementation,etc.is different between the accuser and the accused due to the identity difference of the parties and the inequality between them.The research on the Law of Executive Accusation started late and developed slowly,therefore,the author chooses to explore the executive systems of administrative action and tries to make some constructive proposals to the establishment of administrative action system.The thesis falls into five parts,adopting ways like analysis,synthesis and analogy.The concrete structure is as follows.The first chapter introduces the relative concepts of administrative action.Later,the author systemizes these concepts and classifies administrative action execution according to the differences of the subject and object to be executed.At last,the author explains the relevant theories and realistic significance of administrative action execution from the macroscopically perspective.The second chapter summarizes the status quo by introducing some cases.Analyzes the details of appearances and negative influences of the lack of effective enforcement.In the third chapter,the author analyzes the causes of the lack of effective enforcement, which include the limitation of judicial structure and relevant legal institutions,draft in our traditional judicial culture,and the law court.By using cases in our life,the author also analyzes the aspects in which the lack of effective enforcement of the administrative agency lies in. The fourth chapter adopts the method of comparative jurisprudence,introduces of the measures and relevant systems adopted by foreign countries and other areas and mainly summarizes the distinctive execution systems of Germany,France,Japan,The U.K,The U.S, Taiwan,Macao,etc.in order to use the experience of other countries for reference.In the fifth chapter,the author makes his own proposals on establishing new administrative action execution system of our country.By examining the goal of administrative action execution system,comparing the origin and the general orientation of the relevant reform of judicial system established after different modes of administrative action execution system,the author makes six proposals.the specific measures on the range of the executable property and establishment of executive deposit raised by the author are innovative to some degree.