《司法解释》第 88条的合法性与科学性值得质疑 ;非诉行政案件的执行依据应包括法院的准予执行裁定书与生效的行政法律文书 ;被执行人错列时法律应视具体情况推定被执行人违法或保护其合法信赖 ;强制措施的适用应顾及基本人权的保障 ,等等。 Article 88 of Judicial Interpretation is questionable in its legality and scientific nature. The basis for the execution of non-vilified administrative cases shall include the administrative enforcement of the ruling by the court and the effective administrative legal documents. When the wrong party is executed, the law should be presumed as the case may be The person being executed violates the law or protects his legitimate trust; the application of coercive measures should take into account the protection of basic human rights, and so on.