Study On Referee And Execution Separation Mode For Non-lawsuit Administrative Execution

Supreme People’s Court issued documents is the first to establish the referee andexecution separation mode in the level of legal norms.For the referee and executioncombination mode, the nature of the referee and execution separation mode is that itpromotes separation of judicial power and administration compulsory executionpowers, which rectifies the situation that the court is responsible for referee andexecution in the housing levy compensation.The referee and execution combination mode emphasizes the neutrality andpassivity of judicial power. It needs to meet the following requirements:(1) theneutrality judicial power;(2) supervise duty on non-lawsuit administrative executionby court;(3) procedures of referee and execution. It shows performances in somerespects, such as power disposition, benefit insurance for party, judicial authority,efficient allocation of resources and so on. However, the different approaches indifferent regions shows difference in practice. It is certain that there are somesimilarities among the case type relatively concentrated, testacy proceedings andlinkage mechanism.The rule form a more principles on the standard and method of review, there isa controversy to how that comprehend and apply. Also, there are some problems inpractice, such as inadequate legal basis, ambiguous range, uncertain executive subject,undefined liability and so on, which contains many kinds of contradictions. Accordingto some rules, the paper puts forward some sound proposals on perfecting the legalnorms, reasonable definition scope and detailed review standard.