Research On Non-litigation Administrative Enforcement System And Operating Conditions

"Non-litigation administrative enforcement" is Important legal system as the administrative organ of the effective implementation of administrative power, but the system since its establishment has been obscured in the boundaries of executive power and judicial power, so much the concern of scholars. Scholars generally believe that duality of legislative administrative enforcement of configuration cause the current "non-litigation administrative enforcement" double dilemma theory and practice of the system. In the Properties conflict theory, judicial power and the executive power, different perceptions of academic theory, highlighting the difficulties "non-litigation administrative enforcement" Reform of System in China; in practice, a large number of non-litigation administrative enforcement cases stacked on grass courts, so Court proceedings bear their own work, but also shoulder the implementation of a large number of non-litigation cases. At the same time, some scholars believe that the establishment of "non-litigation administrative enforcement system" is a deliberately vague legislative strategy. Through broad and vague policy of the legislation to give local courts in the enforcement field of space exploration.In this paper, our non-litigation administrative enforcement system and operating conditions, by data Z City, a grassroots courts as an analytical object. Firstly, non-litigation administrative enforcement from the basic theory of the system started, compare and introduce their concepts and associated concepts qualitative attributes; and academic point of view put forward in this paper, that the implementation of the system is clearly characterized by an administrative authority in "management rights". On this basis, China’s "non-litigation administrative enforcement" history, the history of the system current legislation was introduced, with emphasis on current legislative issues related to "non-litigation administrative enforcement" of our predecessors on the basis of combined knowledge of the author It is noted, mainly from the application, review and implementation of the three aspects. This article focuses on the data in a non-litigation administrative author grassroots courts Z City obtained enforcement cases were analyzed by non-litigation enforcement cases in the past five years, issues related to the application conditions, review, implementation, etc., with data It is expressed in the form of the author’s personal experience combined with practical application problems introduced non-litigation administrative enforcement system. Finally, based on analysis of legal texts and research data, we propose a comprehensive reform proposal. Think our country against "non-litigation administrative enforcement" on the reform of the system to improve the proposal, specifically "the implementation action", "the Chief Executive said leading" and "trial enforcement separation" doctrine. I agree with "trial performed separation" theory, that the perfect program without changing the effective clarify under our current legislation currently selected mode of "non-litigation administrative enforcement" property dispute system, also help to solve practical level courts to enforce heavy pressure situation. Also Z City A survey by the court, to get some of the specific measures proposed to improve non-litigation administrative enforcement regime forced the court to explore the experience of the implementation of the system in non-litigation administrative basis.