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2012年1月,《行政强制法》正式实施,该法规定了行政机关强制执行和行政机关申请人民法院强制执行两种模式。笔者认为,一般的行政决定可以由行政机关强制执行,对于影响相对人重大人身财产权益的行政决定的执行应向人民法院提出申请,人民法院依法审查通过后仍由行政机关执行。探索裁执分离的执行方式应是非诉行政执行案件的发展方向,也是实现司法职权优化配置和公民权利保障的有效途径。
In January 2012, the “Administrative Enforcement Law” came into force. The law stipulates that the executive authorities should enforce the law and the executive authorities should apply for enforcement by the people’s court of the two modes. The author believes that the general administrative decision can be enforced by the executive authorities. The execution of the administrative decision that affects the significant personal and property rights and interests of the counterparty should be submitted to the people’s court for approval. After being reviewed and passed by the people’s court according to law, the administrative organ still executes the administrative decision. To explore the ways to enforce the separation of ruling and punishments should be the development direction of non-litigation administrative enforcement cases as well as an effective way to realize the optimal disposition of judicial power and the protection of civil rights.