Inistrative Proceedings Diculty In Enforcement And Countermeasures

Administrative lawsuit system established more than20years since, the administrative power and judicial power of conflict in every field of administrative litigation continuously show, causing the litigation faces many difficulties, and administrative litigation difficult to execute that many difficulties for administrative litigation highlighted in a. Administrative litigation difficult to execute the main performance of administrative organs in the execution, society is also particularly serious harm. At present our country of administrative litigation of executive mainly by a court to carry out, and in China's judicial system means advantage, the court in the execution work hard to prevent administrative power of all kinds of interference, together with the administrative litigation law for implementation measures so simple, thick pan, and administrative organs conception of rule of light, lack of court authority enough respect, also don't notice to protect personal factors such as private right, which lead to the current administrative authority to execute an unusually difficult situation. Not changing the execution modes, and on the basis of the reform on court system, improve the court authority, that court enough to withstand the executive, it is difficult to execute administrative authorities to solve the key problems. At the same time, also need to perfect the administrative procedure law to the provisions of the relevant implementation, increase the implementation measures to strengthen the administrative authorities executed the referee to the supervision, increase to resist the administrative organs and their public servants of sanctions, make the court in the execution of administrative litigation no longer have the feeling of ambition. In short, in the moment of executive power in the judicial power weak, improve the status of the court, give it enough power, means to restrict the administrative power, this is to solve difficult to execute administrative litigation should be direction. This paper is trying to explore this thought, the administrative litigation law enforcement difficulty solving countermeasures.This paper to remove the quotes outside, is divided into four parts, concrete structure is as follows:The first part of administrative litigation execution of this concept, characteristics. And the administrative lawsuit implementation and civil litigation execution, the implementation of the two concept carries on the comparison, made clear the execution of the specific meaning of administrative litigation.The second part introduces the performance of administrative litigation difficult to execute, specific for administrative litigation difficult to execute mainly reflected in the implementation of the administrative organs, have ZhiHangLv is low, the administrative organs resist execution, open "the judgment will be" negative court court decision, take unfair means hinder the performance of the execution and other difficult to execute, and expounds the administrative litigation difficult to execute to the administrative relative person rights protection, to court authority and the dignity of the law, to social stability of the government by law, the construction of the dangers.The third part analyzes the causes of administrative litigation difficult to execute reasons. Mainly includes the judicial system reason, ideas reason, legislative reasons and other reasons. The judicial system causes analyzed the disadvantages of the court system, this paper expounds the drawbacks to prevent in court for implementation of the administrative organs of the intervention, this is difficult to execute administrative litigation is the main source of, respectively, from the judgment is not independent, the judge is not independent, judicial localise etc aspects that the court where the drawbacks of the systems. Ideas from the main reason of administrative organs from the subjective aspects, administrative organs conception of rule of light, don't pay attention to protect individual private right is administrative organs of the main subjective factors against executive, legislative reasons mainly expounds the current law execution of the provisions of administrative lawsuit defects, performance for implementation and hard to have too few corresponding role.The fourth part is the key. In the third part of the cause analysis are put forward, based on the court system reform, security court independent, improve court authority is the current administrative litigation to solve difficult to execute the most important countermeasures point of view. In addition, also puts forward the existing executive means, increase the implementation measures to strengthen the administrative authorities executed the referee to the supervision and so on. Put forward to resist can perform the administrative decision related personnel of the administrative organ and puts forward the viewpoint of detention introduce the rule for the inspection of the civil servants GDP performance criteria of the proposal. The rule of the GDP is the administrative authorities to enforce the advice of the court as the rule of GDP a think standard, this as decided to administrative organs of the main standard public servants promotion, to strengthen the administrative authorities executed the referee to the supervision. The two views have certain of the innovation of the place.