Research On Judicial Review Standards Of Non-litigation Administrative Enforcement Cases

In recent years,the construction of law-based government in China has been developing continuously,and the non-litigation administrative execution cases have always occupied a considerable proportion of the court's administrative cases.Dealing with such cases well is also the government should be in the process of the rule of law.As the most important link in such cases,the court must guard this pass strictly.And the judicial review standard is related to whether the right judgment can be made during the review,so it is in the core position.In China,the current non-litigation administrative execution system first appeared in the 1980s,and was formally formed by the provisions of article 66 in the“administrative procedure law" formulated in 1989.In the next 30 years,although the system has been developed,there are still many understanding disputes,especially the judicial review standards.Different understandings of judicial review standards also lead to confusion in the practical operation of courts,or the review is too strict,or too loose.This chaotic operation is not only difficult to achieve the justice of the non-litigation administrative execution system,but also runs counter to the spirit of the rule of law in China.Therefore,a correct understanding of the current judicial review standards is of great significance to the non-litigation administrative execution system.This article starts with comparative analysis and the combination of theory and practice cases.First of all,analyze the connotation and nature of judicial review standards for non-litigation administrative execution cases,then by introducing different viewpoints in academia,on the basis of a comprehensive comparison of these viewpoints,it specifically analyzes some of the values and theoretical foundations involved in the current judicial review standards in China,and attempts to understand our current judicial review through analysis of these contents standard.Secondly,through the analysis of the above contents combined with the content of the theory of the effectiveness of administrative actions,the essence of the validity review standard is proposed.Finally,the article analyzes and interprets the contents of the legal provisions of the current judicial review standards for non-litigation administrative enforcement cases in China,closely combines the cases in judicial practice,and digs into the legal thinking behind each clause.Hope to provide useful reference for the development of judicial review standards of non litigation administrative execution cases in the future.