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非诉讼行政执行作为我国行政强制执行制度的主导形式 ,主要以阻止违法具体行政行为进入强制执行过程为其制度内涵和精神。我国非诉讼行政执行制度是在改革开放以后逐步形成的 ,其形成和存在有认识上的原因 ,也有现实需要的原因。我国非诉讼行政执行制度存在缺乏统一指导原则、司法权与行政权混同等弊端。建议将法院承担的审查和执行职能分开 ,审查职能继续由法院承担 ,执行职能回归行政机关 ;建立和完善法院的审查程序和行政机关执行法院裁定的程序。
As the dominant form of administrative enforcement system in our country, non-litigation administrative enforcement mainly takes the connotation and spirit of preventing the specific administrative act of illegal entry from entering the enforcement process. China’s non-litigation administrative enforcement system is gradually formed after the reform and opening up, and its formation and existence of cognitive reasons, there are also practical reasons for the need. Our country non-litigation administrative execution system lacks the unified guiding principle, and the judicial power and the administrative power have the same defects. It is suggested that the examination and enforcement functions undertaken by the court should be separated. The review function should continue to be borne by the courts and the executive functions should be returned to the administrative organs. The establishment and improvement of the court review procedures and the execution of court procedures by the administrative organs shall be proposed and completed.