On Appeal Administrative Implementation

Administrative Execution of Non-litigation(AEN)is a very important legal institution of Administrative Law, and plays a fundamental role in the process of Administrative Execution, but since this institution is not comprehensively and scientifically constructed, it is still not so mature, it still has many defects and problems, so it is probable to conduce to the abuse of Administrative power and infringement on the rights of the private parties in the process of AEN 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.The whole thesis of the paper is made of two parts: foreword and text. The text consists of four chapters..Foreword mainly introduces the reasons of topic chosen..Chapter One mainly tells about the concept and nature of AEN. As there are different viewpoints about the concept and nature of AEN, so Author introduces in this chapter these viewpoints, analyses and compares them, at last draws in Author's own viewpoint.Chapter Two introduces the different institutions of English legal system and Continental legal system on AEN. Author argues that it is because of their principal model and value inclination, which results in their different institutions on AEN. In the countries of English legal system, since they think that law should treat the government and the people equally, the government should not enjoy special power, both the government and the ordinary people should be ruled by the common law, while all common law is enforced by the common court, so it is impossible that the government can realize its administrative aims by forcing the private parties itself. But in the counties of Continental legal system, as they think that the power of Administrative Compulsory Execution is part of the Administrative power, so it is normal they think that the Administrative power, through its own direct, compulsory enforcement, to realize its administrative aims. But this situation has been changing, especially after the end of World War Two.Chapter Three studies the development of AEN, Author also explains why such a institution came into truth and be existed in China. As China has its own special history background, including economical and social aspects, such a institution developed, what's more, it is becoming more and more important in China.Chapter Four analyses the constitutional parts of the working process of the current AEN, dividing the whole process into four parts, points out the defects and problems of the current AEN.The last chapter is concerning for how to perfect the current institution, Author gives out some useful suggestions; Author especially emphasizes in this chapter on how to protect the rights and interests of the private parties in the process of AEN.