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

The non-lawsuit administrative enforcement system is one of the important systems in the field of administrative enforcement.The traditional non-lawsuit administrative enforcement model has many ills and is unable to cope with the current social law enforcement environment.The separate separation mechanism of the court and the administrative organs is not only conducive to giving full play to the judicial supervision advantages of the people's courts,but also to the advantage of the administrative resources of the administrative organs.Regrettably,the revised Administrative Procedure Law did not adopt the proposal of adopting a separation mechanism for the non-lawsuit administrative enforcement system.The judicial practice of the separation and separation mechanism led by the Supreme People's Court lacked legal support.This paper should be able to legislate to confirm and widely apply this basic point of view.From the analysis of the current situation of the non-lawsuit administrative enforcement system,it is proposed that the application of the separation mechanism has its specific realistic basis.However,it is undeniable that the separation and separation mechanism has indeed exposed some shortcomings in the current judicial practice.Based on my own experience,the author believes that the inadequacy of the separation mechanism can be from national legislation,judicial practice and other areas to improve.