Study On The Legal Issues Of The Administrative Execution Of Non-litigation

As the imprtant components of the Administrative Execution System, the Administrative Execution of Non-litigation (AEN) has played an important role in raising administative efficiency and assuring the legal right of the administrative counterpart. In recent years, the quantity of the AEN case far exceeds the administrative case, and the trend is still enlarging. However, it is hardly to find the definite provisions on the AEN in the laws and regulations in current, bringing a very confusion in practice. Expanding theoretical resarch deeply, to drive the perfection of the AEN system is on the way. Based on the existing research findings and the pratical experience, the discussion will be given to put forward proposals to solve the problems of the AEN.There will be four sections in the thesis.Section I the preface. The background and the siginificance and the advance and the purpose and the approach of the research will be introduced.Section II the basic theories of the AEN. First, based on the intronduction of the relative doctrines, the definition of the AEN will be illuminated. That is to say, the administrative countparts that are charged with the administrative duty, neither apply for administrative reconsiderration, or take judicial proceedings, nor perform administrative duty. The admistrative subjects apply the court for carrying out the administrative decisions to achieve the goals of the administrative management. Second, according to the precondition of the startup, the executive agent, the content of the judicial review, the feature of the AEN will be concluded. And then, based on the premise, the quality of the AEN will be analyzed, concluding that both the administrive and the judicial nature are part of the AEN. Once again, the legal analysis of the AEN will be discoursed, finding out the Principle of the Separation of Powers With Check and Balance, the theory of the assurance of human rights and the doctrine of the right relief are all belonging to the theoretical foundation of the AEN.Section III the exploration of the current situation of the AEN system. First, the historical evolution of the AEN will be reviewed briefly. Second, the historical cause of the AEN will be resolved. Third, the practial problems of the AEN will be explained.Section IV the proposals of the perfection of the AEN, based on the foreign experience. First, the value of the consulting of the foreign experience to perfect the AEN system will be clarified. Second, the reconstruction of the AEN system will be discussed in detail.