Study On The Separation Of Adjudication And Enforcement Of Non-Litigation Administrative Enforcement

In order to effectively promote the reform of the comprehensive administrative law enforcement system,improve the efficiency of administrative law enforcement,straighten out the system of administrative compulsory execution,effectively solve the difficulties in the execution of non-litigation administrative compulsory execution cases,and maintain the judicial authority,China should actively explore the establishment of the separation of adjudication and enforcement system of non-litigation administrative execution.This paper redefines the administrative enforcement activities,clarifies the attribution of the nature of administrative enforcement power,introduces the current system of administrative enforcement in China,and deduces the legal basis and theoretical advantages of the separation of adjudication and enforcement of non-litigation administrative enforcement.This paper provides a detailed theoretical basis for properly promoting the separation of adjudication and judgment system of non-litigation administrative compulsory execution.The author believes that the establishment of a complete separation of adjudication and judgment system for non-litigation administrative execution should effectively divide the scope of application of the system in practice according to the different types of execution objects,and implement the review standards and procedures combining substantive and formal trials,written trials and face-to-face trials in people's courts at all levels.In addition,perfect legislation should beadopted to make up for the blank of right relief of administrative counterpart in the system of separation of judgment and enforcement of non-litigation administrative execution,and both the adjudication act of judicial organ and the execution act of administrative organ should be brought into the scope of judicial supervision.This paper mainly adopts normative analysis method,empirical analysis method and comparative analysis method.The normative analysis law system mainly analyzes the relevant legal norms related to the current system of administrative compulsory execution in China and the system of separation of adjudication from non-litigation administrative execution,and analyzes the basic contents,distribution fields and procedural provisions of each system.The empirical analysis of the law system is mainly manifested in the comparative analysis of judicial statistics published by the people's court,typical cases of non-litigation administrative execution under the separate enforcement system,and the analysis of judicial documents related to the separate enforcement system in various places.Comparative analysis law system refers to the practice of "strengthening strengths and avoiding weaknesses" by studying the laws in and out of the region.In this paper,the author tries to rationalize the rationality and superiority of non-litigation administrative enforcement system by comparing the provisions of Anglo-American law system and traditional continental law system on administrative enforcement system.