Examination and reconstruction of judicial review rules for non-litigation enforcement of administrative agreements
Within the one-way litigation structure,the administrative non-litigation enforcement has become the only remedy for the administrative organ to request the administrative counterparts to perform their obligations according to agreements.However,there are four major problems in the judicial review process of non-litigation enforcement of administrative agreements.Firstly,the subject of non-litigation enforcement does not match with the subject of the administrative agreement;secondly,the object of non-litigation enforcement is different form the object of the judicial review;thirdly,the review intensity is uneven in different places;finally,the coupling degree is low between the power control function of the system and the judicial effectiveness.The reasons mainly include the objective obstruction of legal process lagging behind the devel-opment of social governance,the confrontation between the voluntary nature of administrative agreements and the compulsory nature of non-litigation enforcement,and the inability of existing specific rules to meet the needs of judicial review of non-litigation enforcement of administrative agreements.Therefore,it is suggested to construct the judicial review rules that are different from the general non-litigation enforcement and suitable for the non-litigation enforcement cases of administrative agreements around three review nodes,namely,initiation requirements,review procedures,and referee rules.
NETL
NSTL
万方数据
维普
