Font Size: a A A

On The Improvement Of China’s Non-litigation Administrative Enforcement Settlement System

Posted on:2022-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y T YangFull Text:PDF
GTID:2506306782461704Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
The current law provides for the application of settlement in administrative enforcement,but it is too principled and not sufficiently operable.Specifically to the non-compulsory administrative enforcement settlement system,there is the scope of application is not specific,the form of implementation agreement is not clear,the lack of specific procedures,the effectiveness of the implementation agreement is not clear,the lack of relief mechanisms and other issues,resulting in judicial practice,a large number of non-compulsory administrative enforcement cases faced by the "difficult to implement" problem has not been effectively resolved,in the long run In the long run,it will damage the authority of the administrative organs of law enforcement.In view of this,this paper analyzes the current legislative and practical situation and problems of the non-litigation administrative compulsory enforcement settlement system,and puts forward perfect suggestions from the legislative aspect,such as refining the scope of application of non-litigation administrative compulsory enforcement settlement,clarifying the form of enforcement agreement,stipulating the specific procedures of settlement,clarifying the effectiveness of enforcement agreement,and improving the settlement relief mechanism.From the practical aspect,it is proposed to improve the professionalism of the administrative law enforcement personnel and strengthen the awareness of the obligor to the non-contentious administrative compulsory enforcement and settlement.In order to provide feasible suggestions for the improvement of the non-litigious administrative compulsory enforcement settlement system,improve the operability of the system,enhance the enforcement authority of administrative organs and improve the efficiency of judicial enforcement.
Keywords/Search Tags:non-contentious administrative enforcement, settlement, negotiation, enforcement agreement, legislation
PDF Full Text Request
Related items