Research On The Separation Mode Of Non-litigation Administrative Enforcement Cases

At present,China's non-administrative administrative enforcement of the implementation of the field is still "cut together" model,an administrative organ without administrative enforcement power must apply to the court for enforcement.With the continuous development of society,The drawbacks of this model are becoming more and more obvious,and the "difficult implementation" problem in the field of non-administrative administration is becoming more and more prominent.In order to solve this contradiction,the Supreme People 's Court actively explores the administrative enforcement mode of "cut of the separation ",the court is no longer responsible for the implementation,but in the implementation of the field as a review and supervision role,the executive power handed over to the executive authorities to exercise.The administrative enforcement mode of "separation of executions" can greatly improve the efficiency of administrative enforcement and take into account the fair and fully guarantee the legitimate rights and interests of the administrative counterparts,and can effectively overcome the current administrative enforcement mode The dilemma faced.The Supreme People's Court first in the field of state-owned land acquisition and compensation in the field of "cut of the separation" model of the pilot,the local courts to respond positively,especially in Shanghai,Zhejiang,Jiangsu provinces,the "cut of the separation" model for a series of positive It is useful to explore that the courts in some areas have even extended the "cut of the separation" to areas other than house demolition,such as land management,civil affairsand environmental protection,and have achieved fruitful results in practice.As a new system,the "cut of the separation" model in the course of practice is also facing a series of problems.Based on the current situation of judicial practice,this paper draws lessons from the practical experience of the cut of the separation mode at home and abroad,analyzes the advantages and disadvantages of the model of "cut of the separation" in China,and points out the problems in the model of "cut of the separation" Put forward the corresponding countermeasures,and further improve China 's "separation of the ruling" administrative enforcement system.