Study On The Legal System Of Executive Administrative Act Of Non Litigation

China’s administrative enforcement includes two forms,namely the administrative organ enforces itself or applies to the people’s court for execution, and the latter is what we usually refer to the administrative acts non-litigation execution system. In the process of administrative acts non-litigation execution, the review of the administrative acts is applied to be executed by the court, and the behavior of the administrative organ is supervised, which is helpful to safeguard the legitimate interests of the administrative relative person.However, in recent years, the number of cases of administrative acts non-litigation administrative execution has increased significantly, even more than the general litigation cases. Several main aspects of the problems are as following:First of all, the nature of administrative acts non-litigation execution system is unclear, and the debate in the theoretical circle is constant.Secondly, the review criteria of administrative acts are not clear enough, further improvement is required. Thirdly, there are still some problems to be improved when the court is ruling on the application of administrative acts to be executed. Fourthly, after court review of administrative acts applied, who is responsible for the execution, the court or administrative organ, which is not unified in practice.In order to improve the above problems, it is necessary to re-examine the administrative acts non-litigation execution system. We should put forward reasonable countermeasures for the rational allocation of judicial power and administrative power to safeguard the fairness and efficiency. In this paper, the author discusses the administrative acts non-litigation execution system from following several parts. The first part introduces the basic theory of administrative acts non-litigation execution, including its concept, historical evolution and behavioral characteristics, which lays a theoretical foundation for the later development of the text. The second part introduces the mode of administrative enforcement in foreign countries, which provide reference for the improvement of the administrative acts non-litigation execution system. The third part introduces the standards of review of the administrative acts and the relieving means in the examination, and puts forward some suggestions for improvement. The fourth part introduces the situations when the court makes a ruling after the review of the administrative acts applied, expounds the existing problems,and made a reasonable improvement. The fifth part introduces the present situation of administrative acts non-litigation execution mode in our country, and advocates a more comprehensive construction of the separation system of ruling and execution.