On Court’s Judicial Review Of Executive Branch’s Application For Enforcement

The Administrative Compulsion Law of the People’s Republic of China implemented in2012has further improved the non-litigation administrative enforcement system of China. Itnot only grants the right of judicial review to the people’s court for protection of the party’slegitimate rights and interests, but also streamlines the review procedure with formal reviewas the principle and substantial review as the exception. However, when it relates to thespecific standard and the extent of the court’s review, there are divided opinions among theacademic circles. Moreover, three standards of “obvious violations” are adopted for theadministrative behaviors not to be enforced while the review standard is relatively principlewithout strong operability. The purpose of writing this article is to further specify andimprove the review standard for the administrative enforcement application, and strengthenthe operability thereof in practical judicial review of the court.This thesis firstly introduces the concept and nature of the administrative organ’senforcement application, which is followed by an analysis of such fundamental theories asthe procedure and standard for the court’s review of thereof. It then points out the situationsof the review system of administrative enforcement application and existing problems anddeficiencies therein. In addition, by borrowing the advantages from foreign systemsadaptable to the conditions in China, this thesis also elaborates analysis of the problemsexisting in China and proposed suggestions for improving the system of the court’s review ofthe administrative enforcement application, thus making the said system more operable inpractice.The objective of research on this topic is, on the levels of theoretical study and systemimprovement, to inspect the administrative organ’s legal enforcement of administrativeauthority, maintaining judicial justice, to ensure efficiency of administrative enforcement,and to protect the legitimate rights and interests of administrative counterpart.