Research Of Non-lawsuit Administrative Execution

Since the reform and opening up of Nineteen-eighties, non-lawsuit administrativeexecution has been the main mode of administrative enforcement system, which is mainlyaccompanied by the need of reality. We can see that non-lawsuit administrative execution isnot consistent with the traditional principles of administrative law, through the analysis of weChinese special environment of law, and the genesis of non-lawsuit administrative, andcontroversy of legal nature also extensively exists. There is no court, no court debate, no courtinterrogation while the court review an administrative organ; even when the court rules theadministrative organ legal, the court will enforce it personally, especially the " state-ownedland on the housing levy and Compensation Ordinance" which was passed on January9,2011,cancelled administrative demolition, and changed it to judicial mandatory removal, pushes thecourt to the first line of contradiction.But the" non-main stream"" procedure law" is dominating the half of the country inChinese administrative enforcement system. As professor Wang Xuehui says:" China needsthe rule of law, but not in the sense of the rule of law." In recent years, administrative trialfaces grim challenge, legal effect and social effect did not reach the expectation. The authortries to pass on perfecting administrative enforcement administrative trial name, in order toimprove the administrative level of administration by law, safeguard the judicial authority ofthe officials and the people, reduce conflicts and mass incidents, for the harmonious societydevelopment provides strong safeguard.This thesis consists of four parts of non-lawsuit administrative execution, the maincontent is:The first chapter: The non-lawsuit administrative execution system. Main sort out theadministrative litigation concept and the related concept, features include: specific applicationcorpus; special legal procedures; broad implementation content. There is three sayings ondebate of the nature: administrative behavior, judicial behavior and both of them, the authortends to judicial behavior.The second chapter: The non-lawsuit administrative execution system’s origin and reason.By comparison, to Germany as the representative of the administrative compulsory executionsystem and to the United States as the representative of the justice of compulsory execution system in China, reveals the special social background, then expounds the causes ofnon-lawsuit administrative execution.The third chapter: The breach of current administrative litigation system." Theadministrative compulsory law" promulgate the non-lawsuit administrative execution systemdevelopment is essential, especially in the process greatly improves the system, principles canbe summarized as the principle of legal reservation, the principle of equal rights andresponsibilities, such as the principle of due process of law. But the system itself in terms ofhardware on the validity of administrative act paradox and judicial power and administrativepower in terms of software defects such as confusion, judicial resources, weak strength ofnational conditions and other factors led to the administrative litigation is still just passable.The fourth chapter: The development of non-lawsuit administrative execution. Includingour current political and economic society the non-lawsuit administrative executioncharacteristics, to the stage theory, primary focus is the substantive to solve administrativedisputes, including hearing system and to perfect the system of execution reconciliationsystem; intermediate stage is on the good law in the reign of non-lawsuit administrativeexecution, focuses on the "separation of adjudication and enforcement" and administrativepublic prosecution; advanced stages of focuses in the reform of administrative enforcementlitigation.