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公正和效率的和谐统一是现代司法、行政所追求的基本目标,也是我国《行政强制法》立法的基本立场。我国现行的“以申请人民法院强制执行为原则,以行政机关强制执行为例外”的行政强制执行模式是与该立场相悖的。现行模式是立法者基于立法时行政权力畸形发展所做的无奈之策,既违背了宪法体制对司法权和行政权的公正赋权,实践中也掣肘了司法尤其是行政的效率,从而影响了行政强制执行的公正。应遵循宪法所确立的权力框架和实践的需求,顺应我国行政体制改革的潮流,确立“以行政强制执行为原则,以申请法院强制执行为例外”的以行政强制为主导的执行模式,建立专门执行机构,完善监督和相对人的权利救济多维体系,从而最大化地保障公正和效率的和谐统一。
The harmony and unity of justice and efficiency are the basic goals pursued by modern administration of justice and administration and also the basic position of the legislation on “administrative coercive law” in our country. The current administrative enforcement model of “applying the principle of compulsory execution by people’s courts and enforcing the enforcement by administrative organs” contradicts this position. The current model is a helpless policy for legislators to make when the legislation is based on the abnormal development of the executive power. It not only violates the constitutional system’s fair power of judicial power and administrative power, but also in practice limits the efficiency of the judiciary, especially the administrative, thus affecting Administrative Enforcement of Justice. Should follow the constitutional framework of power established by the Constitution and its practical needs and conform to the tide of the reform of the administrative system in our country and establish an executive mode dominated by administrative coercion such that “the principle of administrative enforcement is adopted and the enforcement of court enforcement is the exception” Establish a special implementing agency and improve the multidimensional system of relief and supervision over the rights of relatives so as to maximize the harmony and unity of fairness and efficiency.