The Research Of Non-litigious Administrative Execution Mode In The Perspective Of Housing Demolition

With the change of governance mode,the traditional mandatory power has been doubt.In order to fit for new governance mode,Scholars began to rethink the relationship between the executive power and enforcement power.Enforcement power as for the security of country policies has played an important role recently.However,in the new historical background,the human right is more important than efficiency,the human right start to take the role of what was efficiency ever played.This article began with an accident happened in our country which reflect questions of enforce execution of civil houses.Because of multiple subject participate in enforce execution,I began to think of several questions.For example,who is the qualified subject?which mode does the qualified subject use?If the mode is appropriate?If the subject has other appropriate mode to choose?These questions will be discussed in this article.In order to make the discussion possible,I have to figure out some basic questions.Then,I introduce the concept of non-litigious administrative execution and the system,while find out some questions in recent system which wait for us to solve.Then around two questions of who is the qualified subject of executive power and what attribute does executive power was to further discuss the system construction of non-litigious administrative execution mode.According to the discussion above,in the third part I insure the power of executive should be allocate to the district court to make sure the human right protecting.The most severe practical difficult is the executive power insufficient,so it's hard for the court to complete executive tasks.In response to this issue,I provide several advice to realize “inner separation in court” through strengthen the court execution power,purchasing social service,strengthen the process control and solving the root problem appropriately to avoid using enforcement power.