Discussion On The Subject Of Non-lawsuit Administrative Enforcement Power

The Chinese current enforcement system is to apply to the court for compulsoryexecution as its principle, while administrative authority to enforce as exceptions. In recentyears，scholars have made a heated discussion on the belonging problem of administrativeenforcement power, and called for in formulating administrative enforcement act on thecurrent system to reform. However, the new bill still continues to stand for the previouscourt dominant model. Through the theoretical analysis to the nature of the executivepower and the causes of the current administrative enforcement system, we can assumethat the future trends of the executing system will be the execution modes administrativeorgans donated. It will experience three main stages for the return of the executive power,namely Entrust execution, Decentralized operation and limits of the court’s authority. Entrust execution is created to improve efficiency and relieve judicial pressure for the court,and have made some good effects, while lacking of support in law and theory;Decentralized operation is a kind of legislation imagine that the executive review rightbelong to the court and the right to implement belong to administrative organs；Only bygradually limiting the power of court in the enforcement, can realize the transition of thecompulsory execution subject. Eventually， Only change the administrative lawenforcement system, can solve the problem from the source.