On The Construction Of China's Administrative Enforcement Proceedings

Non-lawsuit administrative execution as the dominant form of administrative enforcement system of China, is the key issue of administrative law enforcement and the hot spots of academic research and practice. The initial purpose of the system is setting court review process before the administrative decision enters the implementation of procedures. In the beginning, non-lawsuit administrative execution indeed played a certain positive role. But with the development of the rule of law and the improvement of citizens'law awareness, the defects are gradually exposed. Non-lawsuit administrative execution confuses the judicial power and executive power, and is unable to protect the legitimate rights and interests of the relatives. Therefore, If non-lawsuit administrative execution is transformed into the enforcement lawsuit, it will be useful for the protection of the exercise of executive power, maintaining the legitimate rights and interests of the relatives and promoting the implementation of the strategy of governing the country according to law.Executive power will be divided into the implementation of jurisdiction and implementation of enforcement based on the principle of the Executive power can be divided, and both be distributed into courts and government agencies. Courts have jurisdiction and government agencies is responsible for the enforcement. In other words, courts are responsible for judgment without implementation and government agencies are responsible for implementation without judgment.Firstly, the article expounds the defects of non-lawsuit administrative execution, and indicates the imperative for reforming of the system. Secondly, the article describes the theoretical foundation of the administrative lawsuits in detail, and points out establishing the system is not only necessary but also feasible. At the same time, the common law of the relevant countries and the system in French are both the source of this article. Lastly, the article proposes how to construct the administrative lawsuits, and with a view to benefit the amending of "the Administrative Procedure Law".