On Non-v. Executive System In The Review Process

Item 66 of the Law of Administrative Lawsuit prescribes that, if citizens, juridical persons or other organizations do not lodge a complaint, nor fulfill their obligation in the legal term, administrative departments can apply to the people's court for enforcement. But before the enforcement, it needs to censor the validity of such an administrative action through non-appeal procedure and only legal administrative action can execute. The forcefulness of the administrative enforcement measures makes it innately possess invading character. How to ensure the effective exertion of administrative enforcement, fully bringing into play its effect in maintaining public order and serving public interests, without infringing upon the executive objective's legal rights and benefits? The censoring procedure of non-appeal administrative execution was established in this background aiming at preventing illegal administrative action from entering enforcement, and better protecting human rights and executive objective's legal rights. Due to the absence of collective theoretic design and uniform steering idea during its forming process, the procedure itself has some disfigurement, with problems occurring in practice. The procedure itself only fundamentally regulates on the main points, without establishing a set of suitable, manipulated and mature bylaws, and is difficult to realize its original intention. This paper mainly discusses the problems existing in the censoring procedure of non-appeal administrative execution. Through introducing its concept, character and meaning, pointing out its limitation and deficiency, analyzing these problems, comparing the real situation of censoring procedure of non-appeal administrative execution domestic and abroad, this paper proposes the alteration and perfecting advice on it, striving to realizing the restriction to administrative power by jurisdiction, preventing illegal administrative action from entering enforcement procedure, and ensuring the efficiency of administrative enforcement.