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目前行政机关申请人民法院强制执行其具体行政行为的案件与日俱增,人民法院如何对生效的具体行政行为进行司法审查,已成为亟待解决的问题。笔者就此谈谈以下拙见。 申请强制执行应具备的条件 行政机关申请强制执行必须具备一定的条件,否则行政机关无权申请,人民法院也不应接受申请。司法实践中,行政机关申请执行应具备下列条件: 第一,必须是行政管理相对一方逾期不申请复议
At present, the number of cases in which administrative organs apply for the people’s courts to enforce their specific administrative actions is increasing. How the people’s courts conduct judicial review of the specific administrative acts that have taken effect has become a pressing issue. I would like to talk about the following humble opinion. The conditions for applying for compulsory execution The administrative organ must have certain conditions for applying for compulsory execution or the administrative organ has no right to apply and the people’s court should not accept the application. In judicial practice, the executive authorities should apply for the implementation of the following conditions: First, it must be the administration of the opposite party does not apply for reconsideration overdue