Study On The Boundary Of Judicial Execute On Administrative Organs

The effective judgment should be executed,but how to execute it is still worth discussing.At present,it is in the historical period of "the difficulty of decisive victory and execution".In the past,the administrative organ,one of the crux of "the difficulty of execution",has become the focus of attention.The practice of judicial enforcement in our country treats administrative organs equally with general civil subjects,ignores the particularity of administrative organs' identity,focuses on protecting creditors' rights and interests and restricting administrative organs,while few people pay attention to "two aspects of one problem" in judicial enforcement of administrative organs,resulting in chaos such as administrative organs' office buildings being enforced.It damages the legitimate rights and interests of administrative organs and social public welfare.Further focus is not difficult to find that the essence of the problem lies in the lack of theoretical and practical attention to the boundaries of judicial enforcement by administrative organs.Based on the protection of the legitimate rights and interests of the administrative organs,through the implementation of several typical cases of infringement of the legitimate rights and interests of the administrative organs,it is pointed out that the cause of the implementation of chaos is that the boundary of the judicial enforcement of the administrative organs is unclear,which is embodied in a biased implementation concept.,fuzzy and scattered execution basis.In orderto clarify the judicial enforcement boundary of the administrative organ,the three-party relationship between the executive agency and the executive organ and the executive executor is considered,and the official use of property and public property possessed by the administrative organ is applied to realize the interests of the applicant.The restrictions and enforcement agencies should maintain the necessary humility for the executive.Finally,the principle of proportionality in public law is absorbed,and the boundary of the judicial enforcement of the administrative organs is clarified as a whole,that is,the public interest cannot be damaged and the administrative organs are obstructed by the normal performance of official duties,and the execution of the target and execution procedures is The special specific institutional arrangements have made the implementation of "degree",taking into account the interests of all parties,and achieving the best balance between the rights subject and the subject.