Research On The Non-Lawsuit Administrative Execution System

The non-lawsuit administrative execution is relative to the administrative execution, and it is a type of the arbitrary administrative execution. The non-lawsuit administrative execution has made great contributions to the social and economic development, as well as the maintenance of harmony and stability of the society. Recently, with the rapid economic and social development in China, the administrative organ applies for more non-lawsuit administrative cases at the people’s court for arbitrary execution. The current court not only accepts substantial non-lawsuit administrative execution cases, but also overstocks such cases. With the development of the times, such system presents many problems in the theoretical and judicial practices. In this paper, the improvement concept is proposed by referring to the advanced experience of America, England, Germany and Japan, etc. aiming at the current status of the system, as well as the problems in the theoretical and judicial practices. This paper consists of four parts. Firstly, it is the overview of the non-lawsuit administrative execution system, including the concept, nature ad procedure of non-lawsuit administrative execution. Secondly, it is the introduction to the administrative execution system in American, England, Germany and Japan, and the system in the four countries is compared and analyzed. Thirdly, problems in the system status, theoretical defeats and judicial practices are analyzed. Fourthly, suggestions and opinions on the perfection of non-lawsuit administrative execution are put forward.