Study On "Separation Of Referee From Execution" Mode For Non-lawsuit Administrative Execution

Non-lawsuit administrative execution is a major feature of China’s administrative enforcement system,which reflects the original intention of legislators to ensure fair value by sacrificing efficiency.With the development of non-lawsuit administrative enforcement practice,the traditional "combination of referee and execution" mode has caused the court to bear excessive enforcement pressure,and the problem of "difficult enforcement" has become increasingly serious.The practice of ensuring justice by sacrificing efficiency is no longer in line with the needs of practice,and non-lawsuit administrative execution needs to regain the pursuit of efficiency value.The earliest established "Separation of referee from execution" mode in the field of compensation for house expropriation on state-owned land,stripped non-lawsuit administrative enforcement powers from the courts and exercised them by administrative agencies,making the courts and administrative agencies perform their respective responsibilities and ensure justice At the same time,it has also improved the enforcement efficiency of non-lawsuit administrative enforcement cases and achieved effective and fair balance between efficiency and justice.It is regarded as an important breakthrough in the current non-lawsuit administrative enforcement system reform.In practice,the "Separation of referee from execution" mode has gradually been applied to other non-lawsuit cases outside the field of compensation for house expropriation on state-owned land,and has achieved good results.Many scholars have therefore proposed that the "Separation of referee from execution" mode should be widely applied in non-lawsuit administrative execution cases.However,due to the lack of corresponding legal support,the "Separation of referee from execution" mode is not only questionable in its legitimacy,but also faces various practical problems such as administrative agencies being lax in enforcement.Based on the analysis of the shortcomings of China’s non-lawsuit administrative execution system and the existing dilemma of the "combination of referee and execution" mode,this article demonstrates the practical necessity of expanding the "Separation of referee from execution" mode.By comparing the mode of "combination of referee and execution" and "Separation of referee from execution",the superiority of the mode of "Separation of referee from execution" is discussed.By analyzing the legislative disputes of the Administrative Enforcement Law,the relevant reform spirit of the Party Central Committee,the State Council,and the Supreme People’s Court,the feasibility of the "Separation of referee from execution" mode has been demonstrated.It is concluded that the extension of the "Separation of referee from execution" mode is justified.In terms of reviewing the status quo of "Separation of referee from execution",this article selects representative practices in Zhejiang and Wuhan as the main observation points,and summarizes the existing legislation of "Separation of referee from execution" on the basis of comprehensive related judicial cases.And practical problems,and in response to the above problems,put forward relatively complete and feasible suggestions,in the absence of "Separation of referee from execution" legislation,to resolve various practical problems that need to be resolved in practice,but also provides a certain reference for the future legislation of the "Separation of referee from execution" mode.