Research On The Review Standard Of Non-litigation Administrative Execution

The setting up of "the Non-litigious Administrative Execution" system is aim at settle the problem that the administrative decisions made by our country's administrative organs can not be effectively implemented by the counterparts in the administration.One of the most important aspects of this system is the court's examination of the specific administative act that the administrative organ applies to implement.Therefore,a scientifically reasonable,modest and easy to operate review standards became the key to"The Non-litigation Administrative" enforcement system.However,the standard of censorship for non-vilifying administrative enforcement has long been criticized by academics and practitioners.Critics believe that the current standards for censorship are too crude and broad,and there is no uniform standard for their practical application.Even though the Supreme People's Court's newly introduced Interpretation of the Supreme People's Court on Administrative Procedure Law of the People's Republic of China promulgated a new regulation in February 2018,the review standard is still unsatisfactory.This article attempts to start from the legal theory analysis and judicial practice data analysis in two directions,in-depth study of non-executive review of the implementation of the standard,and put forward the author's suggestion to improve the review criteria to provide direction for the development of the review criteria.