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当前,我国非诉行政执行主要是通过申请人民法院强制执行,行政机关自力执行为补充。但这种运行机制在实际操作中出现很多问题难以实现其设立初衷,在学术理论界也都备受争议,因此,对非诉行政执行机制进行分析和完善就显得尤为重要。本文通过对我国当前非诉行政执行机制的探讨分析,结合司法实践中各地法院的试点经验,提出以下构建思路:在目前《行政强制法》对非诉行政执行的规定未作出大的改变的情况下,非诉行政执行权尚未具备全部回归行政机关的条件。在此,非诉行政执行宜采取分权运行机制作为过渡方式,待日后条件时机成熟,再通过立法将非诉行政执行权全部赋予行政机关。
At present, the implementation of non-victual administration in our country is mainly supplemented by applying for enforcement by the people’s court and self-executing by the administrative organ. However, this operation mechanism has many problems in the actual operation, which make it difficult to realize its original intention. It is also disputed in the academic circle of theory. Therefore, it is very important to analyze and perfect the non-vocal administrative enforcement mechanism. Based on the discussion and analysis of current non-litigation administrative enforcement mechanism in our country and the experience of the courts in different jurisdictions, this paper proposes the following constructive ideas: In the current situation that the “Administrative Coercion Law” has not made any major changes to the provisions of non-litigation administrative enforcement Under the non-prosecutorial executive power has not yet fully return to the executive authorities of the conditions. At this point, non-prosecutors should take the implementation of decentralized operating mechanism as a transitional mode of operation, to be mature in the future when the conditions are ripe, and then through the legislative non-litigation executive power granted to all administrative agencies.