Study On The Criteria Of Judicial Review In Chinese Non-Litigious Administrative Execution

As non-litigious administrative execution cases are a major part of administrative judicial activity,it is essential for court to have a judicial review on this matter.However due to the defects of legislation and absence of theoretical study,there is a certain confusion in the judicial practice.As a key part of the system,the criteria of judicial review in non-litigious administrative execution represents the scope and depth of judicial review.It is critical significant for the system of non-litigious administrative execution to establish a reasonable standard of judicial review.Therefore,this article would establish the criteria for judicial review by going through the whole system of non-litigious administrative execution.The first part illustrates the dilemma faced by the criteria for judicial of non-litigious administrative execution.There are three major issues:first,there are provisions conflicts,regulation ambiguity and systematic problem in the current legislation.Second,the criteria for judicial review varies from court to court,which leads to the difference on the execution rate.The last one is that theoretical research falls behind legislative and judicial practice,which fails to form a system.The second part offers a definition on the criteria for judicial review of non-litigious administrative execution.Based on the criticism on theoretical criteria,it proposes the concept which include review manner,review scope,review procedure and adjudicating reasons.Followed by comparison between the criteria and subordinate concept,it analyzes the significant of the concept from the perspective of the relationship between the criteria of judicial review and system purpose.The third part by through a simple analysis of the current problems of different views,raises the point to apply the validity review for the criteria for non-litigious administrative execution.By analyze the administrative and judicial nature of non-litigious administrative execution,it interpreted the theoretical foundation and practice considerations of the validity review,assuring to only apply a single validity review as the criteria for non-litigious administrative execution.The fourth part describes the criteria of validity review on non-litigious administrative execution.Based on the third part discussion,it concludes that to strictly apply the validity review as the criteria for non-litigious administrative execution.By using the theory of invalidity of administrative Act,it shall complete the adjudicating reasons.By refer to the experience of foreign judicial review,it confirms the manner and scope of the judicial review.The last part combs the basic content of the review procedure.