Study On The System Of Separating Judgment From Enforcement In Non-lawsuit Administrative Execution

In order to solve the fierce conflict of land and housing requisition,demolition problems,the Supreme People’s Court released "The Supreme People’s Court on The State-Owned Land about Apply for the Court to Enforce Provisions on Some Issues of Housing Collection of Compensation Decision Case"targeting moving houses on state-owned land in April 2012,the article 9 clearly states the object of the houses levy on the state-owned land,"those ruled and executed by The People’s Court are generally implemented by the people’s government at the city or county level levying countervailing decisions.It can also be implemented by separation system executed by The People’s Court to replace the judicial forced demolition system defined in article 28 of the"Expropriation and Compensation of Houses on State-Owned Land"issued by the State Council in 2011.In the first place,this article briefly describes the concept and mode selection of non-lawsuit administrative execution in China and briefly introduces the administrative compulsory execution system in other countries and regions.The second part expounds the process of trial and development of the system of separating judgment from enforcement in non-lawsuit administrative execution,and the development and change of the execution mode from the traditional"unity of adjudication and enforcement"to"separation of adjudication and execution",which reflects the necessity and practical feasibility of separating judgment from enforcement,And the last puts forward the problems existing in the operation of the system of separating judgment from enforcement at the present stage,as well as corresponding solutions to the above problems.The lack of high-level legal basis is the biggest obstacle to the development and improvement of the system of separating judgment from enforcement.Therefore,the author suggests that the NPC and its standing committee should formulate and pass relevant laws as soon as possible or the state council should formulate transitional administrative regulations under its authorization,so as to make the system of separating judgment from enforcement truly have"laws"to abide by.At the same time,the system of separating judgment from enforcement in this paper is not only applicable to the specific scope non-lawsuit administrative execution cases,but also a comprehensive and complete application of the system of separating judgment from enforcement in non-lawsuit administrative execution cases at the legislative level.