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执行诉讼即在相对人对行政机关的决定不提起诉讼,又不执行行政机关的决定时,行政机关提起诉讼请求法院裁判执行行政决定。相对人主张行政决定违法作为抗辩理由,否认行政决定具有执行力量,法院因此对行政行为的执行与否进行裁判。本文指出我国的非诉行政执行制度正面临向这一执行诉讼制度的转变,而在转变过程中,许多问题有待解决。
Execution of a lawsuit that the relative decision on the executive authorities not to bring a lawsuit, but also not to implement the decision of the executive, the executive authorities to initiate a lawsuit for the court to adjudicate the implementation of administrative decisions. The opposite person advocates that the administrative decision violates the law as the defense reason, denies that the administrative decision has the executive power, and therefore the court shall judge whether the administrative act is implemented or not. This paper points out that our country’s non-litigation administrative enforcement system is facing the change of this system of executive litigation, and many problems need to be solved in the process of transformation.