| At present, our country’s administrative procedure law has been modified and perfected. Non-lawsuit administrative execution is an important legal system of administrative law, and it is also an important part of the administrative enforcement system. The goal of this legal system is to improve the administrative efficiency, to protect lawful rights and interests of administrative counterpart. Based on a long-term practice, our country’s accusing the administrative execution system has been initially formed. However, with the development of the society, many problems of this aspect have also occurred. The number of accusing the administrative execution cases has exploded year by year. More and more corresponding severe problems have come along and the number of cases far has exceeded that of the administrative litigation cases. In addition, China’s existing laws and regulations for accusing the rules of the system of administrative execution are also not too clear, causing the accusing the administrative execution system exists chaos. In order to effectively solve the present problems, we need to conduct in-depth study of the theory, and put forward further suggestions to consummate the accusing the suggestions of the system of administrative execution, is imperative. On the basis of existing research results and practical experience, this paper is to conduct a comprehensive in-depth analysis, and put forward specific Suggestions and comments, aiming at solving the problems arising from the existing accusing the administrative execution system. Thus, the author will spread out discussion mainly from the following three parts of accusing the administrative execution system.In the first part, the author discusses the basic theory of the non-lawsuit administrative execution. Firstly, on the basis of the existing theories in our country, the concept of accusing the administrative execution will be stated, which refers to the administrative relative person to perform the administrative obligation, within the statutory time limit does not apply for administrative reconsideration, nor bring administrative litigation, and fails to perform the duty of administrative administrative organ can apply to court for compulsory execution, to achieve the goal of the administrative activities. Secondly, starting from the premise, the implementation main body, content, review these three aspects, the accusing the feature attribute of administrative execution will be analyzed. And on this basis, through the analsis the nature, it is concluded that accusing the administrative execution with double attributes on the administrative and judicial.In the second part, the running status of the system of the non-lawsuit administrative execution will be discussed. Firstly, the author will give a brief introduction of the development of our country’s execution of accusing the administrative situation, pointing out that the system’s running status. Secondly, on the basis of the accusing the administrative execution’s running status, we can find out the system’s shortcomings and problems, and analyze the problems in depth, so that we can propose specific strategies to cope with these problems. The problem again, begin to delve into the root causes of accusing the administrative execution system problem. Through in-depth analysis and study, learn that accusing the administrative execution system of China is not always existed, from after the reform and opening-up policy, the highly centralized system is broken, a full range of changes have taken place in social structure in our country also, is badly in need of a supporting system, to solve the social change after a series of related problems, that is accusing the one of the sources of the system of administrative execution.In the third part, based on detailed analysis of the accusing the administrative execution system in the first two parts, this part will mainly focus on how to put forward the improvement of the specific feasible Suggestions and comments. Firstly, we will simply analyze the implementation of the system in foreign countries, so that we can perfect the system of accusing the administrative execution in our country, through the way of learning foreign experiences. Secondly, accusing the concrete suggestions of the system of administrative execution in our country is described and the design scheme, in order to achieve the accusing the administrative execution of how to relief and the administrative relative person rights and interests protection. |
