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非诉行政执行制度在我国已正式施行二十余年,本应稳妥和有效实施的这项制度,但是在司法实践中却暴露出愈来愈多的弊端和不足,《行政诉讼法》的修改其中对非诉行政案件的具体执行体制或模式未作任何修改或回应。自《行政诉讼法》实施以来,非诉行政案件数量长期居高不下已是不争的事实,特别是历年非诉行政案件的数量均远超于诉讼行政案件。日益增长的非诉行政案件执行需求与法院自裁自执模式下众多弊端之间矛盾凸显,需要探索适用裁执分离模式。通过对裁执分离的理论证成与实践分析,以裁执分离为探索路径推进非诉行政执行改造。
The non-prosecutorial administrative enforcement system in our country has been formally implemented for more than 20 years and should be implemented in a sound and effective manner. However, it has exposed more and more defects and shortcomings in judicial practice. The revision of the Administrative Procedure Law Among them, there are no changes or responses to the specific implementation system or mode of non-v. Administrative cases. Since the implementation of the Administrative Procedure Law, it has been an indisputable fact that the number of non-vilified administrative cases has been on a long-term basis. In particular, the number of non-vilified administrative cases over the calendar years has far exceeded that of administrative cases. The contradiction between the increasing demand for execution of non-litigation administrative cases and the numerous drawbacks of the court’s autocratic mode of self-determination highlights the need to explore the application of the mode of separation of adjudication. Through the theoretical proof and practice analysis of the separation of ruling and the separation of ruling and separation as the exploration path, the reform of non-litigation administrative enforcement is promoted.