| Non-lawsuit administrative execution refers to the system that the administrative counterpart neither brings a lawsuit to the court nor consciously performs after the administrative organ has made a specific administrative act.In this case,the administrative organ applies to the court and the court reviews the implementation.The introduction of judicial power in the administrative field reflects the legislative value orientation of pursuing justice at the expense of efficiency.However,a series of problems have emerged in the practice of this system.The number of non-lawsuit administrative enforcement cases received by the court is far more than that of administrative litigation cases.Under the "combination of referee and execution" mode,the court has too much enforcement pressure,more conflicts with the person to be enforced,and the problem of "difficult enforcement" has become increasingly prominent,leading to the inability to implement administrative decisions and low administrative efficiency.The "combination of referee and execution" model has not met the needs of practice,so we must change it and regain the pursuit of efficiency.The mode of "separation of referee from execution" came into being at the historic moment.It was first established in the field of housing expropriation and compensation on state-owned land.It separated the review power and enforcement power of non litigation administrative enforcement cases and handed them over to administrative organs for implementation after being reviewed by the court.It gave consideration to efficiency while ensuring fairness.After that,the "separation of referee from execution" model was tried out in other cases outside the field of housing expropriation and compensation on state-owned land,and achieved good results.However,there are still problems such as lack of legal support and different practices in different regions.Whether the "separation of referee from execution" model should be promoted is still questionable.This paper analyzes the current implementation of non-lawsuit administrative enforcement cases,as well as the practical difficulties of the "combination of referee and execution" model.Through the comparison between the "combination of referee and execution" model and the "separation of referee from execution" model,it demonstrates the superiority and feasibility of the "separation of arbitration and enforcement" model.Analyze the pilot situation of the "separation of arbitration and enforcement" model,summarize the problems existing in the current "separation of referee from execution" model in terms of legislation and practice,including the lack of legislative support,unclear review standards,confusion of enforcement subjects,and large disputes over whether to use enforcement and reconciliation,and put forward relatively complete and feasible improvement suggestions to solve the problems that the "separation of referee from execution" model urgently needs to be solved in the event,Standardize the practical application of the "separation of referee from execution" model,and achieve the balance of the two values of fairness and efficiency in non-lawsuit administrative enforcement cases. |
