Study On The Separation Of Adjudication And Execution Model Of Non Litigation Administrative Execution In The Land Illegality

The land illegality administrative punishment is directly related to the authority of law,affecting the exertion of government functions,the public trust for administrative law enforcement and the credibility of the judiciary.At present,China’s law prescribes that the mandatory execution of the illegal land administrative cases should be implemented by the court.But the court refused to take the responsibility for various reasons and make their own enforcement duty exemption by refusing application for execution or directly adjudicate the administrative departments to implement the mandatory and etc.At the same time,due to lack of legal provisions,the administrative departments often dare not or is not willing to implement the mandatory.Result in the execution rate of non-litigation land illegality case is very low."Adjudication without execution" becomes the normal case of land illegalities.Based on the analysis of the current land illegalities non-litigation administrative mandatory difficulties,this paper analyzes the crux of the difficulty of non litigation enforcement,accurately distinguish the boundary between administrative power and judicial power,and puts forward how to rationally allocate the administrative compulsory execution power to land illegalities.Based on the "separation of adjudication and execution" model in the field of housing expropriation compensation,combined with China’s judicial practice,the full play of the respective advantages of the administrative and judicial departments,and perform their duties.The function positioning of the court for the implementation of the supervision and restriction of administrative power,administrative enforcement behavior guidance,and is responsible for the implementation of compulsory execution obligation;administrative organs to fully perform their duties,strengthen the implementation of construction and operation mechanism,to establish for the implementation of the administrative organs as the main responsibility,the government departments to coordinate linkage,the formation of the executive force.At the same time,the function of procuratorial supervision is strengthened,and the supervision of judicial review power and administrative law enforcement and enforcement behavior of courts is strengthened,and the non litigation administrative enforcement mode of "court review,administrative execution and procuratorial supervision" is constructed.Through judicial power restricting administrative power,procuratorial power to supervising administrative power and judicial power,to promote the standardization of administrative law enforcement,and ensure the correct implementation of national laws.Finally,the paper puts forward some suggestions on improving the supporting mechanism of non litigation enforcement responsibility,illegal execution relief,and the amendment of the current legal system.The problem of land non-litigation administrative execution is the important issues that currently faced in field of the administration of justice,and hope to explore through this article on the distribution mode of administrative enforcement of non litigation right,clarify the long-term non litigation enforcement problems,improper implementation of the main responsibilities are not unified,pertinently put forward in accordance with the administrative law the theory,in line with China’s judicial practice,and operable non illegal land allocation mode and operation mechanism of executive right conception and legislative suggestions of administrative enforcement power,in order to solve the current land area of non litigation administrative execution to provide reference.