Arbitrary Administrative Execution System

In modern society, the system of administrative execution system has drawn increasing attention as a prominent phase in socialist construction by law. Over the past few years, the difficulty in execution, which has undermined judicial authority, can be addressed by improving the level of the administration of justice, strengthening the implementation of judicial practices, and establishing a scientific, complete and deterrent execution system. However, there has been a lacking in a systematic study on the execution system both in theory and practice throughout the years. The simple interpretation of execution system as a pure operational procedure has attributed to the difficulty and disorder in execution. Thus, the study on basic theories of execution is necessary to put the execution system into practices. Scholars in academia and practical cycles have been jointly working on the issue. The value system of the administrative execution system mode is delineated from three perspectives, viz. execution procedures of administrative organs, people’s court and administrative execution mode. There is a long way to go for the consummation of current execution mode in China. The balance between efficiency and fairness of relevant system is atop the agenda to be addressed in the years ahead.The present study consists of four chapters, viz. basic theories of the administrative execution system, analysis and inspiration of foreign administrative execution systems, status quo and problems of the administrative execution systems, its selection of modes and suggestions for consummating the administrative execution system in China. As the theoretical study and judicial practices of the administrative execution system are still in its infancy in our country, there are diverging voices ranging from the conception to systematic mode of the execution system. Therefore, the study on relevant theories and systems is necessarily to be carried out now.In Chapter One, the definition of administrative execution system is presented based on relevant systems at the outset, which means the behavior when citizens, judicial persons or other social organizations fail to carry out duties stipulated by law, state authorities concerned will let them fulfill due obligations through enforcement. A clear-cut definition helps to put forward suggestions for the overall development of relevant theories. Furthermore, the theory regarding administrative execution is in question as a powerful and compelling theory basis will remove people’s skepticism of the legality of the administrative execution theory. At last, an analysis on relations between administrative execution theory and its adjoining conceptions is launched.hapter Two introduces foreign systems of administrative execution. Countries like the United States and UK are representatives of case law systems, indicating the administrative execution system is not independent. By drawing on vantages of the advanced administrative execution system in foreign countries, China is bound to carry out the reform on relevant systems in a more proper manner.Chapter Three illustrates the status quo and problems existing in current administrative execution system in China. An exhaustive analysis on problems and challenges in relevant system attaches great importance to the implementation and operation of execution.Suggestions for consummating the administrative execution system are proposed in Chapter Five. An array of constructive suggestions and measures are supposed to address the specific operational problems in legislation, application procedure and judicial practices to bring the administrative execution into force.With the increasing awareness of human rights among the broad mass in China, the administrative execution should be strictly restrained as it attaches great importance to property benefits of citizens and legal persons. Currently, relevant systems in our country, mostly imitated based on judicial review systems in the United States and UK, aims to assure human rights. However, its implementation into practices has somewhat go against the initial value orientation. As a result, the system as a whole leaves much to be desired.