Discussion On The System Of Non-litigation Administrative Execution

If a country want to achieve social management,it must implement the public law obligation stipulated in administrative law,which requires the administrative organ to have the ability to carry out its will,which results in administrative enforcement.Administrative enforcement is divided into two types: administrative non-litigation enforcement and administrative enforcement.Non litigation administrative enforcement system,refers to the administrative organ to make administrative decision,the administrative relative person within the statutory time limit neither reconsideration or litigation,did not fulfill the provisions of the administrative decision of the obligation,thus by administrative organs to the people's court for enforcement of the system,is a very important system in the administrative law.Play an important role in improving administrative efficiency,safeguard judicial authority,safeguard the fairness and justice,but in theory and practice,there are still many problems in the judicial reform,therefore,present a comprehensive construction of the rule of law,rule of law government and the rule of law society,how to perfect this system has been the party and the country concerned.Under this background,it is of great significance to study the system of non litigation administrative execution.Based on the non litigation administrative execution system as the research object,the system dilemma in theory and practice as research,study of foreign non litigation administrative enforcement mode and specific provisions,the use of social knowledge and the history of law,through the analysis of the concept,system analysis,to research and interdisciplinary research methods.To explore the nature of the concept of non litigation administrative execution,examines the specific legal provisions of our country and the implementation of non litigation status,analyzes the existing predicament of non litigation administrative execution in our country,and on this basis,put forward feasible proposals to improve the system.In the previous research of non litigation administrative execution system,firstly we must clear the non litigation administrative execution has a double attribute of judicial and administrative decentralization,and clarifies the proper procedures,the protection of human rights theory is the basic theory of the system,on the basis of this analysis,the non litigation administrative execution in filing acceptance,review,implementation of the three stage of ruling the problems of the stage,combined with China's laws and regulations,found the lack of legislation,the main analysis of courts and administrative agencies in the judicial practice,and then in the foreign nonlitigation administrative execution based on the beneficial ingredients,mainly put forward the feasible scheme from the three stage,hope to improve China's non the implementation of the system of administrative litigation,in order for China to further promote administration according to law,accelerate the construction of the government under the rule of law to provide theoretical help to the realization of judicial justice,Complete the establishment of a country under the rule of law.