Research On The System Of Non-litigious Administrative Execution

Since the reform and opening up, with the rapid development of China’s marketeconomic development and legal system, gradually building up the people’s court forexecution, administrative enforcement mode mainly supplemented by administrativeenforcement to the administrative organ. While the former is the non-lawsuitadministrative execution. The establishment of non-lawsuit administrative executionsystem, in some period indeed played an important and positive role, is conducive to theadministrative organ for administrative activities of the target, maintain social order. Butthese years of industrialization and city development, social and economic activities havebecome increasingly frequent, the number of the court accepting the non-litigationadministrative cases increased obviously, even more than the administrative litigationcases. Whether in theory or in the judicial practice, defects of this system is increasinglyrevealed, that the court of justice and the judicial authority is questioned, failed toeffectively solve the social contradictions and conflicts, is not conducive to the stabledevelopment of the rule of law and social. Therefore, this paper tries to set out from thenon-lawsuit administrative execution system of theoretical research and practicaloperation status and problems, to improve the non-lawsuit administrative executionsystem suggestion.This paper is divided into four parts, the first part is the basic theory, first introducedthe concept of non-lawsuit administrative execution and its main characteristics; secondly,analyzed the nature of non-lawsuit administrative execution and legitimacy, then analysisadministrative enforcement and judicial enforcement; the second part introduces andanalyzes the administrative enforcement system, including the United States and France asthe representative of the justice for the dominant mode of administrative enforce andGermany and Japan as the representative of the administration as the leading administrative enforcement mode, and the two execution modes are compared andanalyzed, as China’s reform and to provide theoretical support; the third part of ourcountry’s non-lawsuit administrative execution system running status and the existingproblems are analyzed; finally put forward ideas and suggestions the non-lawsuitadministrative execution system, including the division, the administrative organ and thecourt’s permission to establish the non-litigation administrative execution system, theestablishment of adjudication and enforcement separation mode, establish the system ofinvalid administrative act and improve the relief program.