Non-litigation Administrative Enforcement System Research

The administrative enforcement system of our country is accusing the administrative execution and the administrative organ to execute the auxiliary double-track mode. Accusing the administrative execution system is founded in the 1980s,the purpose is to balance the realization of the administrative decision and protection of citizens’ legitimate rights and interests , it is the relationship between efficiency and fairness. Accusing the system of administrative execution is characteristic of the system in our country, and other countries are outside of the practice. But during the decades, controversial, ridicule, the case number is high. The appeared problems in such aspects as equity, efficiency, accusing the administrative execution system did not achieve the desired effect, scholars have put forward various reform train of thought,lawmakers in recent years has shown to the tendency of the reform. Thus, accusing the administrative execution system in our country has reached to the point of change, the purpose of writing this article is combined with the present situation of our country’s execution of accusing the administrative,thoroughly analyze the problems of the accusing the administrative execution, and improve the system of the suggestion.In this paper,the text is divided into three chapters: the first chapter introduces the concept of accusing the administrative execution, characteristics and application,discussed several views about the properties of the accusing the administrative execution, accusing the administrative execution system has the executive power and judicial power properties, on the basis of the discussion accusing the theoretical basis of the system of administrative execution.The second chapter first narrates that accusing the administrative execution system from the perspective of history,and the reasons of the formation of the present situation of accusing the administrative execution system in China, accusing the execution of scope,accusing the cycle,the court’s review of administrative execution,the problems existing in the execution mode, etc.The third chapter first analyzes several accusing the administrative execution system reform, and put forward that our country should be appropriate to reduce the accusing the administrative execution of the scope of accepting cases, and implement the cutting mechanism of separation. At the same time, aiming at the problem of the second chapter, suggestions were proposed.