诉讼期间行政执行双轨制的坚持和完善

The Perfect of Dual-track System of Administrative Execution

关于诉讼期间具体行政行为的执行,我国在实践中实行双轨制:行政机关依照法律享有强制执行权的行为,在诉讼期间不停止执行;行政机关无强制执行权而要申请人民法院执行的行为,在诉讼期间原则上停止执行。这种双轨制总体上符合行政法治实践的要求,也是合理的,应继续坚持,但也应做适当修改使之更加完善。

China adopts a dual- track system in the execution of concrete administrative acts during litigation periods. Specifically, an administrative act willbe executed during litigation periods if the administrative organ that gave the act has authority to enforce its act, or the execution will be stopped for the administrative organ has to rely on the judicial authority on executive issue. This dual - track system is reasonable on the whole and should be stuck to, but some amendment is essential to make it perfect.