非诉行政案件如何避免执行错误——兼议执行错误的责任承担

How Avoid Execution Mistake in Non-litigation Administrative Case?——Also on Liability Bearing for Execution Mistake

非诉行政案件执行错误的原因在于,我国非诉行政审查制度中,被执行人无法参与到法院对非诉案件的审查当中,其陈述和申辩权利没有得到保障。人民法院错误执行后,被执行人往往投诉无门,其权益保障出现了真空。在现有的法律框架内,要使被执行人的权利得到有效救济,应使被执行人有机会参与到非诉行政案件审查当中,应根据不同的情形,确定不同的责任主体承担相应的赔偿责任。

The reasons of execution mistake in non -litigation administrative case are that executee could not participate in the investigation of non - litigation cases and their statements and defense right could not be protected. There is no complaint channel for executee after the people＇ s court did wrong executions and their rights could not be protected. In present legal framework, in order to effectively relieve the right of executee, the exeeutee should be made to participate in the investigation of non - litigation cases and different liability subjects and corresponding liability for damage should be cleared according to different situations.