The Construction And Perfect Research Of Non-litigation Execution System In China

Administrative compulsory execution in our country in the "court execution,and secondly the administrative organ to perform" the pattern,is the theoretical defects and deficiencies,these deficiencies will directly restrict the accusing the administrative executive function of the play,in the past,people mainly focus on the administrative execution mode selection problem,and for accusing the system of administrative execution problems not reality.By expansion of the actual results,so you need to create the practical problems,and solve problems,to accusing the administrative execution of the system of practical very strong,has very important practical significance.Need clear judicial interpretation is that it can give the specific administrative act within a certain scope of rights holder of the application,and then solve some have application non-litigation administrative enforcement of relevant administrative organs of the negative not as a problem,can effectively improve the administrative efficiency,and thus maintain obligee's rights and interests.However,judicial interpretation can only be for administrative organs and equality between the main body of civil dispute ruling execution problems,for other types of application execution problems powerless,so for accusing the of establishment and improvement of the system of administrative execution need to cause enough attention to judicial departments.Will choose way,consulting literature materials,this article to refer to a large number of electronic reading room of my city library or research materials about accusing the administrative execution system in our country,and carries on the collection and analysis on the material,also used the way the on-the-spot investigation method,field trips to the city's local court,the court a judge in the interview,see if the current accusing the administrative execution system affect the administrative efficiency,the execution of court burden heavier,especially in the judicial review,cutting of separation,the other party of the right remedy,etc,on the issue of whether there exists a shortage problem,with constantly improve and perfect the legal in our country,and brings to the accusing the administrative system of our country to build and perfect the what new revelation,finally applied the organizing way,summarize the collected data,and expand scientific deduction analysis and summary,form their own views and opinions.The main body of this article is divided into 4 parts:The first chapter is an introduction to an outline of the mode of administrative enforcement,and an analysis of the pros and cons of the model that has been carried out in our country for a long time,so as to prepare for the discussion below.The second chapter is an overview of China's institutional provisions,and explains the subject,scope,procedure and other aspects of non litigation implementation under the legal system of our country,and further introduces the system of non litigation administrative execution in China.The third chapter is to analyze the problem part,to analyze and discuss the problems in the current non litigation administrative implementation in our country,and to make preparations for the next step by putting forward the questions in this chapter.The fourth chapter is the countermeasures and suggestions.In view of the problems and its causes in the non litigation administrative implementation system in our country,we insist on the problem orientation,and put forward the countermeasures and suggestions to solve the problem,with a view to further improving the non litigation administrative implementation system in our country.