行政强制执行的权限划分

The Division of Administrative Compulsory Jurisdiction

我国行政强制执行模式的实质在于行政强制执行权限在法院与行政机关之间如何划分。本文认为 :除依照法律规定行政机关自行强制执行的案件外 ,行政机关申请法院强制执行的案件 ,法院只负责按一定标准审查、裁定是否予以强制执行 。

According to the article, apart from the cases which can be executed by administrative units alone in accordance with law, other cases which are applied to the court to be compulsorily executed by the administrative units should be investigated, judged according to certain criterion to decide the executability of compulsory action , and be executed by the relevant applied administrative unit. In this case, the administrative compulsory system ,under the guidance of the above principle can achieve the following result: justice preferred, efficiency obtained.