Reasearch About Remedy System Of Non-litigation Administrative Enforcement

Due to non-litigation administrative enforcement is the main way to enforce our administrative actions at the moment, thus the construction of perfect non-litigation administrative enforcement remedy system is necessary. Premise of non-litigation administrative enforcement proceedings are administrative organs don’t have enforcement power, and administrative counterpart doesn’t perform administrative actions, more put forward the legality of administrative acts or reasonableness of the review to the executive or the People’s Court within statutory time limit. In non-litigation administrative enforcement, the people’s court ’s review of administrative acts standard is "clearly illegal", meaning as long as the case of administrative behavior does not exist serious violations by law not to execute, that needs to be executed. Courts in this non-strict standard of review will probably cause damage to the public interest or Private Interest. But there is few article specifically make research on non-litigation administrative enforcement remedy system, the author attempts to discuss the following aspects to explore the construction of this system.This paper analyzes from five parts, the main contents of each part are as follows:I. Overview about Non-litigation administrative enforcement remedy system. Firstly, simple discussion on non-litigation administrative system and it’s current situation, pointing out the existing legislative provisions on non-litigation administrative enforcement remedy system can not effectively protect the rights from being infringed, then demonstrate the value and significance of setting non-litigation administrative enforcement remedy system.II. Extraterritorial judicial-led administrative enforcement mode and generous conditions of remedy system. Our country’s non-litigation administrative enforcement system is similar to judicial administrative enforcement mode. And the represent country outside are United Kingdom, United States and France. By analyzing these countries’ administrative enforcement system and relevant legal system of remedy enforcement, we can achieve the purpose of improving non-litigation administrative enforcement and it’s remedy system, maximizing the protection of interests.III. Remedy to public interest. Public interests relieved by non-litigation administrative enforcement remedy system mainly refers to administrative acts on behalf of the public interest. Including remedy to administrative organ’s application behavior, improving the relevant procedures about administrative withdraw the application for enforcement and public Interest’s protection in emergency situationsIV. Remedy to private interest. Private interests relieved by non-litigation administrative enforcement remedy system not only includes the debtor’s personal interest, but also the interests of stakeholders affected by administrative execution behavior. Remedy approaches mainly includes administrative compensation, administrative litigation, appeals, etc. By designing the procedure of non-litigation administrative enforcement realize the remedy to the rights of the main body.