行政强制执行是具体行政行为的保障措施,无行政强制执行制度,任何生效的行政决定都将成为一纸空文。这就使得行政强制执行制度成为我国行政法学上的一个重要主题。随着我国法制化进程的加快,其弊端已日渐显现。在愈加强调法治的今天,现行的行政强制执行制度面临着诸多理论和实践的困境。而这种司法权对行政权的干预,既不科学,也不合理,使法院日益陷入一种尴尬的境地。因此,本文从我国行政非诉讼执行现状出发,结合行政执行诉讼的相关概念,对执行诉讼进行构想,进而探讨如何掌握具体行政行为存在重大明显违法或无效以及具体操作问题,并对执行实施权的归属问题表达自己的观点。 Administrative enforcement is a safeguard measure for a specific administrative act. Without an administrative enforcement system, any effective administrative decision will become a dead letter. This makes the administrative enforcement system become an important topic in the administrative law of our country. With the acceleration of the process of legalization in our country, its drawbacks have become increasingly apparent. In the day when the rule of law is emphasized more and more, the current system of administrative enforcement faces many difficulties in theory and practice. However, the intervention of such judicial power over the executive power is neither scientific nor reasonable, making the court increasingly in an awkward position. Therefore, based on the status quo of non-litigation execution in our country, this article combines the concepts of litigation execution with the conception of execution litigation, then explores how to grasp the significant illegal or invalid operation of specific administrative act and the specific operation problems, Attribution questions to express their point of view.