The Separation Of Adjudication And Enforcement In Reviewing Non-litigation Administrative Compulsory Enforcement

Recently,in the non-litigation administrative enforcement cases,the relationship between judicial judgment and administrative enforcement is an important issue in the judicial practice reform.As a new enforcement method,the mode of separation of adjudication and enforcement is more useful in strengthening the supervision on the administrative authorities and gets more and more attention by the administrative authorities.As a new judicial reform and practical exploration,just like all the nascent things having to go through a constant developing process,it will face different challenges.So,all these problems should be deeply summarized and discussed.Based on theory and practice,this thesis will discuss the ongoing reform of separation of adjudication and enforcement.This thesis comprises 4 parts.The first part begins with the common theory about the mode of separation of adjudication and enforcement,and summarizes its concept and characteristic of this mode.This part mainly incorporates two points.The first one is to fully consider the protection of the legal rights of the person subject to enforcement;the second one is that the mode outlines the rights and responsibilities between the court and the administrative authorities.Then it explains the differences between the mode of separation of adjudication and enforcement and mode of integration of adjudication and enforcement,and focuses on the legal principles in separation of adjudication and enforcement.In the end,it discusses the issue of whether separation of adjudication and enforcement can be used in the administrative litigation.The second part focuses on the necessity and feasibility of the mode of separation of adjudication and enforcement.Based on the disadvantages of the mode integration of adjudication and enforcement,the mode of separation of adjudication and enforcement can play an important role in optimizing the resources in the administrative authority,overcoming the skepticism of the person subject to enforcement to the judicial credibility,and defining the function division between the court and administrative authorities.The thesis holds the opinion that there are lots of benefits from drawing the extraterritorial experience.The third part analyzes the specific practice and reality perplex.The specific practice includes defining the purpose and the range of the mode of separation of adjudication and enforcement.It has to be done in a scientific and communicative way.The main problem and perplex of the mode of separation of adjudication and enforcement are that there is no clear agency to carry out the task,no legal support to the mode,the opinion division on the mode and the neutrality of the court.The fourth part provides the suggestions on how to improve the mode of separation of adjudication and enforcement.It clarifies the legal status and scope of the mode of separation of adjudication and enforcement,establishing the legal status of the mode by amending relevant laws,clarifying the role of the people’s court in this mode,clarifying the relationship between "adjudication" and "persistence",and distinguishing the power of judicial review power and administrative compulsory power.This part also puts forward to the concrete measures including establishing a favorable coordinate mechanism between the court and administration,promoting the reform of the law enforcement system and mechanism of non-litigation administrative enforcement,perfecting the judicial review procedure,establishing the post-implementation review mechanism.It also puts forward the perfection of the safeguard mechanism of the right of the executed,including the establishment and perfection of the safeguard mechanism of the suspension of non-litigation administrative enforcement cases,the acceptance of litigation of non-litigation administrative enforcement acts in accordance with the law,the improvement of the compensation system and safeguard mechanism after non-litigation administrative enforcement,and the establishment of the participation mechanism in administrative enforcement cases.It takes advantages of the guiding role of successful cases and fully protects human rights and so on.