The Research On The Difficult Of Execute Administrative Judgements Of China

The order of develop Administrative Procedure Law were protect civil rights and limit administrative power. Achieve the purpose of Administrative Procedure Law have two ways,one is trial of administrative case, the other is administrative judgements. The judgements is the final way of the Administrative Procedure Law's implement. Law must be implemented, otherwise is useless. The low implementation of administrative judgements and the difficult of implement are very important for the court, especially when the government is the losing party.In this paper, the general situation of administrative decisions proceed to the implementation of the system of administrative decisions as a starting point, introduced the implementation of administrative decisions facing the reality.Analysis of the implementation of administrative decisions of the legal obstacles encountered, obstacles to the implementation of decisions reached, including administrative law system and concept of the three aspects.Thus, in modern and contemporary environmental conditions of the constitutional settlement of administrative proceedings difficult issue of implementation must use an integrated approach to reform in order to be successful.Then summarized other countries and regions implementing measures on the provisions of Administrative Decision.By drawing on the provisions of other countries and regions, and the absorption of other areas of administrative proceedings to modify the Administrative Procedure Law for the views and enforcement of academic theory, the implementation of reform requires administrative decisions and judicial reform through legislation improving two aspects.This paper can be divided into four parts.This paper from the implementation of the rule of law ruling the plight of the Chief off, a brief sentence of the law implementation of administrative regulations and decisions of the Chief Executive of the problems.In the second part, the author analyzes the causes difficulty in enforcement.Through our law raises I believe that the shortcomings of legislation include:the duality of the provisions of the Administrative Procedure Law, Administrative Procedure Law in the lack of direct mandatory, punitive measures for the protection of criminal law is insufficient and the absence of four ways.Difficulty in the implementation of administrative litigation system causes include:the principle of Legislature and Administration, over-powerful executive power, monitoring absence and the tendency of Court Administration.Finally ideological reasons have difficulty in enforcement.In the third part of the administrative decision by examining the extra-territorial implementation of the system, with a view to the requirements from other countries can be found in administrative proceedings for the enforcement of the measures.The fourth part of the author from both the legislative and judicial decisions on the implementation of the reform of administrative proceedings conducted a preliminary exploration.