Separation Of Adjudication And Enforcement In Administrative Non-prosecution Execution

"Arbitration and execution" as a traditional administrative non-prosecution execution case.It takes the people’s Court as the judicial organ and the launching organ of the execution procedure,and the trial court makes a judgment or order after reviewing the civil and administrative cases,and submits the judgment or order result to the people’s procuratorate at a higher level for protest or retrial.This mode of execution refers to the specific practice of judicial organs in administrative cases,which not only has the right to adjudicate,but also needs to execute.It embodies the principle of judicial independence and the requirement of procedural justice,and also conforms to the idea of linking litigation and execution procedures.In recent years,the execution mode of "arbitration and enforcement" gradually shows the disadvantages of the court’s trial execution work in the actual operation process.This is due to the lack of communication and coordination mechanism between judicial personnel and administrative law enforcement departments,and the lack of thorough understanding of legal provisions by administrative law enforcement personnel.It makes the judicial and administrative functions have confusion,causes the court administrative non-litigation execution difficult,and is not conducive to the administrative organs cautious use of power,improve the efficiency of work.Therefore,it is necessary to conduct an in-depth study on the application conditions and procedures of "one law in one body and two laws in parallel",so as to realize the positive interaction between administrative management and judicial justice.In order to solve the practical dilemma of the "binding" system in the implementation of administrative non-litigation,scholars have different opinions,and there are a lot of judicial attempts on the trial and execution stage of cases in the practical circle.In recent years,the Supreme People’s Court has put forward an attempt to explore the separation of adjudication and enforcement mode,that is,in administrative non-litigation cases,the administrative discretion and administrative enforcement power are transferred to the court and the administrative organ respectively,so that the judicial power and administrative power can be reasonably separated.The reform measure aims to separate the judicial function from the judicial organs,allowing judges to exercise their power according to law,while preventing abuse of power by supervising the law enforcement process.This initiative has aroused heated discussion in the academic and practical circles.Although it is different from the traditional review,judgment and implementation through the court,and the pattern of "combining the adjudication and enforcement" is different,some local courts still make a lot of achievements in the practice and exploration of the separation of adjudication and enforcement system,partly solving the practical problem of difficult execution in the court handling administrative non-litigation cases,which not only reduces the pressure of case execution,but also reduces the pressure of case execution.It also makes the execution more efficient.However,reform will not be accomplished overnight.All these restrict the "separation of judgment and execution" in judicial practice to play its due role.Through continuous exploration in practice,there are still many problems,such as the lack of legal support for the separation of adjudication and enforcement,limited scope of application of cases of separation of adjudication and enforcement,unclear subject of specific implementation,and insufficient comprehensive relief mechanism for violations of law.Our current Administrative Procedure Law has not made provision for the system of judicial separation,while the judicial practice department has no corresponding legal basis.Since the introduction of the reform opinions to the legislative level,"separation of practice and enforcement" is bound to go through a process of continuous development and improvement.At present,the study of this question in the circle of the administrative procedure law of our country is in its initial stage and the definition of its connotation and extension are not unified.In order to solve the problems in reality,the exploration and practice of the separation of arbitration and enforcement system need to be continued.At present,the separation of administrative non-litigation enforcement is still in the preliminary stage.There are a series of problems,such as unclear object of application,unreasonable procedural provisions and ineffective supervision,which seriously restrict its function.Therefore,based on the understanding of the basic framework of the separation of arbitration and enforcement in administrative non-litigation execution,it is imperative to carry out the legislative design from the macro field,perfect the examination standard of the separation system from the micro field,expand the scope of application of the system,and perfect the remedy rights of the counterpart,so as to promote this system.Therefore,after understanding the problems existing in the separation mode,the author intends to discuss the application scope,implementation subject,responsibility bearing and other aspects of the separation mode,and the procuratorial organ in the adjudication and implementation process to review,and put forward corresponding opinions,and sincerely hope to promote the efficient operation and development of the separation mode to provide some inspiration.