Non V. Executive System Research

In order to achieve effective management of communitygovernment, the administrative body in the course of implementation ofthe administrative and management activities in accordance with the lawsometimes requires administrative counterpart obligations on certainpublic law. Under normal circumstances the administrative relativeperson will consciously obligations, as well as some administrativerelative person will set the administrative body for its obligation to raiseobjections. With the expanding field of administration, administrativedisputes, more and more, China’s current legal awareness of citizens isnot very strong, there are a lot of administrative relative person isindifferent to administrative duty, neither consciously fulfilled, nor raiseobjections. For this situation, on the one hand to make lawful the smoothimplementation of the specific administrative act, to maintain socialorder; the other is to prevent the illegal execution of the program entersthe specific administrative act, to protect the rights of poor awareness ofthe legal rights of the administrative relative person. Based on the abovereasons, China has established a non-litigation administrativeenforcement system. From non-litigation administrative enforcementsystem has been in since generate highly controversial stateadministrative complaint about the non-implementation of the system oflaws and regulations have been changing, endless. In the "Administrative Procedure Law " on non-litigation administrativeenforcement system be required, based on the2012implementation ofthe " administrative enforcement " for non-implementation of the systemwas further administrative appeal provisions. Unfortunately, the "Administrative Enforcement Law " is only a certain extent, have longcomplained about some theoretical studies of non-implementation of the system of administration of the country to be sure, many of theprovisions of the system is still not clear and specific. Non-litigationadministrative enforcement system eventually could not escape," therelevant provisions scattered laws and regulations," Destiny. From the "Administrative Procedure Law " and " Administrative Enforcement Law "and other relevant laws, regulations and judicial practice situation,China’s implementation of the system of non-litigation administrativeaspects of accepting, festivals and other bad review there are stillinsufficient, should primarily further improved by the following aspectsof non-litigation administrative enforcement system: First, adjust thejurisdiction of the non-litigation administrative enforcement cases,improve efficiency and ensure the implementation of quality; SecondReconstruction apply non-litigation administrative enforcement body, theprosecution and the empowerment right to apply for legal protection canperform specific administrative act according to the law, to protect therights of human rights and the public interest; Third, refine and improvethe standard of review to review, which allows the court to exclude theimplementation of the law truly specific administrative act; fourth is re-internal administrative court to force the operating mode positioningexecutive power, local conditions, both equity and efficiency; Fifth,strengthen the protection of the rights of the debtor, the debtor has toensure that the appropriate safeguards when matching rights have beenviolated.