Research On Legal Problems And Countermeasures Of Administrative Non-litigation Execution Cases

With the continuous advancement of the process of governing the country according to law,more and more administrative non litigation enforcement cases appear in our daily life.Such cases often occur in cases involving public interests,such as customs clearance,taxation,house collection and so on.The adoption of administrative non litigation enforcement system can effectively control public power and protect the legitimate interests of the parties.The increase of administrative non litigation enforcement cases is also the reason why our country will govern the country according to law,It is an important embodiment of the combination of the concept and practice of administration according to law.Since the early 21 st century,China’s theoretical circles have gradually begun to study the theoretical development of administrative non litigation enforcement cases.China’s administrative non litigation enforcement cases have the characteristics of late development,weak foundation and many problems.In the process of practical development,such cases mainly have the following problems: the review methods and standards of local people’s courts are single,and the too simple form review can not effectively solve the problem of low review threshold of such cases,In many administrative non litigation execution cases,the court only examines whether the applicant is qualified,but does not examine whether the specific administrative act is legal from the actual situation,and the single examination method increases the burden of the court,which is not conducive to improving the efficiency of execution;Secondly,in the review process of such cases,the review results of such cases are too single.The review results of such cases mainly include: ruling to approve the implementation,ruling not to implement and ruling not to accept.However,in practice,such cases generally involve significant public interests,and only these three review results are difficult to solve the complex problems in practice;Finally,in administrative non litigation enforcement cases,the remedies for the rights of the parties have not been fully guaranteed.Some administrative non litigation enforcement cases may involve infringement of the legitimate rights and interests of the administrative counterpart,but when the parties’ own rights and interests are infringed,they cannot safeguard their legitimate rights and interests through legal procedures.These problems are the practical problems existing in such cases in China.This paper will study and explore the problems existing in China’s administrative non litigation execution system in combination with relevant theories at home and abroad.This paper will introduce the concept of administrative non litigation execution cases and the characteristics of the system,analyze the existing problems in such cases,explore how to build diversified review standards and whether to introduce the administrative non litigation execution reconciliation system,Supplement the way of closing administrative non litigation execution cases,and improve the relief measures of such cases to explore the development of China’s administrative non litigation execution system.