Abstract：By sorting out the non-enforcement rulings of administrative non-litigation enforcement cases in China in the past five years, while summarizing the realistic trend of judicial review of administrative non-litigation enforcement cases, we also discovered the problem of inconsistent judicial review standards in administrative non-litigation enforcement cases. In addition to the connotation of “obviously illegal”, the vagueness of the extension, the confusion of the examination standards of administrative non-litigation enforcement cases and administrative litigation cases, etc., the fundamental reason is the existence of the system of administrative non-litigation enforcement misunderstanding. Judging from the nature of the non-litigation enforcement system, the court’s review of non-litigation enforcement cases is essentially not exercising judicial power but exercising the administrative power entrusted by the administrative agency. Moreover, when the administrative agency applies for enforcement, the administrative counterpart has already given up the right to administrative relief, and the administrative act for which enforcement is applied has already become deterministic. Therefore, for the judicial review of administrative non-litigation enforcement cases, it is not appropriate to directly apply the “legality” review standard of administrative litigation but the “invalid administrative act” standard with less review intensity. Specifically, the court should proceed from the aspects of the subject, authority, content, procedure and form of the administrative act to be enforced. Only when the administrative act is “significant and obviously illegal” can it rule that it should not be enforced.
王青斌. 论行政非诉执行案件的司法审查标准[J]. 浙江大学学报(人文社会科学版), 2023, 53(9): 45-59.
Wang Qingbin. On the Judicial Review Standard of Administrative Non-litigation Enforcement Cases. JOURNAL OF ZHEJIANG UNIVERSITY, 2023, 53(9): 45-59.
2023, Vol. 53 
