Study On The Separation System Of Non-litigation Administrative Execution

It is the execution mode of the traditional non-litigation administrative execution system in our country.This kind of execution mode means that in the non-lawsuit administrative execution case,the court needs to exercise the execution power,also needs to exercise the execution power.In recent years,the mode of "Combination of Adjudication and Enforcement" gradually exposes the serious situation of court’s non-litigation administrative enforcement,which is not conducive to the prudent use of power by administrative organs,the improvement of administrative efficiency and the confusion of judicial and administrative functions,making the court’s non-litigation administrative enforcement difficult.In order to solve the malpractice of the system,scholars have put forward different opinions,such as the theory of self-execution,the theory of lawsuit of execution,the theory of separation of judgment and execution.The separation system of adjudication and enforcement can embody the requirements of power restriction theory,administrative efficiency theory,power relief theory and due process theory.The Supreme Court has chosen the system of separation of execution and adjudication as the reform scheme of the system of separation of execution and adjudication.The local court has made many achievements in the practice of the system of separating the execution from the execution,which has greatly solved the problem of "difficult execution" of non-litigious administration.However,in the process of practice,there are still many problems,such as different scope of application,diversified subjects of enforcement,lack of relief system,conflict with relevant legislation and new judicial interpretations.In order to perfect the separation system of non-litigation administrative execution and enforcement,the application scope of the case should be limited to the administrative decision as obligation and omission obligation.If a case is an administrative decision of pecuniary payment or an administrative decision of personal obligation,it is not suitable to use the system of separation of judgment and execution.The principle of separation of execution from adjudication in non-litigation administration shall be that the organ that performed the administrative act shall be the subject of execution,and the people’s government of the administrative organ that made the administrative decision shall be the subject of execution.Under the system of separation of rulings and executions,if the execution of the ruling approved by the court is illegal or the specific act of the administrative agency in exercising the enforcement power violates the law and damages the lawful rights and interests of the person subject to execution and other interested parties,the person subject to execution and other interested parties shall enjoy relief s right.To fundamentally improve the separation of adjudication system,the "Administrative Litigation Law" and its judicial interpretation must be revised,and the "Administrative Enforcement Law" and other laws and regulations related to the system of separation of adjudication should be revised,which is the separation of adjudication.The system is legally rectified.