基层行政机关申请人民法院强制执行具体行政行为面临的问题与对策研究--以杭州市为实证分析

Issues Facing the Primary-Level Administrative Organs in Applying for Compulsory Enforcement of Specific Administrative Act to the People's Court and Research on Countermeasures——Positive Analysis with Hangzhou City

非诉行政执行是具体行为强制执行的主要方式,以杭州市为实证,从该市非诉行政执行在行政强制执行和法院执行案件中所占的比重,分析其所面临的影响行政效率、客观妨碍具体行政行为执行、固有的程序缺陷影响非诉行政执行结果、法院执行难及拒受部分非诉行政执行案件和行政机关干预法院执行等问题,提出立法由法院委托行政机关代为执行或由行政机关协助法院执行、建立代整治机制等对策与建议,以积极稳妥地解决好此问题。

Non -litigation administrative enforcement is the main way of the compulsory enforcement of specific acts ; this essay takes Hangzhou city as the substantial evidence, and based on the proportion of non - litigation administrative enforcement to the cases of administrative compulsory enforcement and the court＇ s enforcement, it analyses some issues, including issues facing the non - litigation administrative enforcement to affect the administrative efficiency, issues objectively obstructing the enforcement of specific administrative acts, issues that the inherent procedural defects affect results of non - litigation administrative enforcement, difficult enforcement by courts, refusal to partial non -litigation administrative enforcement cases and interference of administrative organs in non - litigation administrative enforcement, and so forth; it also put forward some countermeasures and suggestions, including enacting laws that the court entrusts the administrative organs for enforcement on its behalf or that administrative organs assist the court in enforcement, establishing regulation agent institutions and systems, and so on, so as to positively and steadily resolve the issue that the primary - level administrative organs apply to the court for compulsory enforcement of specific administrative acts.