The Non-litigious Administrative Execution’s Standard Of Review Research

“The Non-litigious Administrative Execution”, also known as “Non-litigious Administrative enforcement” or “Administrative Non-appeal Execution”. According to the provisions of article 2 of the “administrative compulsory act”, it refers that when citizens, legal persons or other organizations don’t perform the administrative decisions, administrative organ can apply the people’s court to enforce them to fulfill its obligations. Non-litigious Administrative Execution has “fair and efficient” double value goal, needs to be reasonable balance. But due to the different interpretation of theory and the chaos of the practice, this system not only fail to achieve justice, but also delay the efficiency. The overall framework of non-litigation administrative enforcement system has been formed now, we urgent to build a reasonable “standard of judicial review” to achieve this system’s double value goal. “Human rights into the constitution”and the new “administrative procedural law”the legislation purpose of correction are Non-litigious Administrative Execution’s legal basis。Through to analyzing the domestic scholars theories about the multiple review standards of administrative litigation, the reality of breaking the “single standard of review” of non-litigation administrative enforcement system in “State-owned land on the housing levy and Compensation Ordinance” and the impossibility and non-essential of the “substantial examination standard” in the non-litigation administrative enforcement system, the author puts forward that based on the nature of the case, the non-litigation administrative enforcement system should build multivariate review standards system.Under this multivariate review standards system, the author will be divided into two dimensions: firstly, the “invalid administrative act” standard as a minimum standard, the administrative division in this standard dimensions only need to do simple written review to make a determination whether or not to grant execution; secondly, for most application execution of administrative act, the administrative division require to distinguish between the different nature of the case, different circumstances in deciding whether to “hearing” and select to “legality”, “reasonable” and “enforceable” multiple review. Of course, for the effective implementation of the multiple review standards system, the program needs to establish “Executive conference separation” mechanism. Only then can we achieve the target value of the system.