On The Perfection Of The System Of Non-litigious Administrative Execution In China

The system of non-litigious administrative execution has an important position in the administrative legal construction in our country, it is a part of the system of administrative enforcement. The reason why the system is important, because there are many cases of non-litigious administrative execution in practice, and it also has much places to perfect. The administrative compulsory law enacted since January 1,2012, but the act of accusing the relevant provisions of the system of non-litigious administrative execution is not sound, for example, it doesn’t rule the system of conciliation of execution, and it also doesn’t rule the deadline of performance. And in practice, many courts in other provinces and cities couldn’t perform successfully because of the deficiency of the law. Especially in recent years, with the speeding up of the process of urbanization, administrative organizations make many administrative decisions because of compensation for housing demolition, demolition of illegal buildings and land expropriation, these administrative decisions are closely related to the administrative relative person’s legitimate rights, even some decisions have the relations with their survival, reflecting the importance of this system. Therefore, the object of the study is to explore the controversial and misty rules of the system of non-litigious administrative execution in theory and practice, and propose some author’s ideas, perfecting the legislation of the system of non-litigious administrative execution.First of all, in the process of reviewing, the method of review and the examination standard are not unified, perfecting the method of review and the examination standard to protect the administrative relative person’s legitimate rights plays an important role, for example, consulting the relevant provisions of administrative permission law and administrative penalties law to introduce the hearing procedure in the review process, it makes the administrative relative person can apply for hearing procedure to maintain their legitimate rights, also makes the administrative relative person to perform the results more convincing. The second, the rules about administrative relative person’s right remedy is insufficient in the administrative compulsory law, should give them the right to administrative reconsideration and appeal. The third, the administrative compulsory law and relevant judicial interpretation all don’t rule the deadline of the performance about the procedure of non-litigious administrative execution, it results the judicial inefficiency and occupies more judicial resources, perfecting the rule about the deadline of the performance can refer to the relevant provisions of the civil execution procedure. The last, it should build the procedure of conciliation in the procedure of non-litigious administrative execution, and administrative organization can change or revoke the specific administrative act timely, the strained relations between administrative organization and administrative relative person can be eased, promoting the society harmoniously and steadily. The core of the constitution and the administrative law is to limit the power of the administrative organization and protect the legitimate rights of the administrative relative person. This article is based on the core value, from the above four aspects to study and perfect.The system of non-litigious administrative execution, it has the characteristics of other administrative compulsory execution, such as administrative organizations execute by themselves, and it also has its special. Especially the system of non-litigious administrative execution exists many problems in the system and in practice, so it is necessary to analyze its deficiencies and improve it.