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我国的非诉行政执行制度是为了解决行政机关的执行权而设置的,法院通过对行政机关行政决定的审查、规范并监督行政权。而在运行中,这一制度却带来了理论和实践的诸多弊端。美国的执行诉讼制度有着和我国非诉行政执行制度相似的适用前提,但不同的制度设计,使其与我国的非诉行政执行制度形成了一定的区别。
China’s non-litigation administrative enforcement system is set to solve the executive power of the executive authorities, the court through administrative review of administrative decisions, standardize and monitor the executive power. In operation, this system has brought many drawbacks of theory and practice. The system of executive litigation in the United States has similar preconditions as the non-litigation system in our country. However, the different system design makes it make a certain difference with the non-litigation administrative system in our country.