I. How long is the validity period of administrative enforcement?

Calculated from the last day of the performance period stipulated in the judgment, ruling or effective administrative legal documents. If the time limit for performance is not specified in the legal document, the application period shall be counted from the date when the legal document is served on the party concerned. If the applicant is a citizen, the application period is 1 year; The application period for applicants who are administrative organs, legal persons or other organizations is 180 days.

Two, what are the procedures for administrative organs to apply to the people's court for compulsory execution?

(1) urging the parties to perform their obligations

Before applying to the people's court for compulsory execution, the administrative organ shall urge the parties to perform their obligations.

(two) to apply to the people's court

If the parties still fail to perform their obligations ten days after the written notice is served, the administrative organ may apply to the people's court with jurisdiction for compulsory execution. And provide the following materials: an application for enforcement; The administrative decision and the facts, reasons and basis for making the decision; The opinions of the parties and the administrative organ's reminders; Application for compulsory execution of the subject matter; Other materials as prescribed by laws and administrative regulations.

(3) Acceptance

The people's court shall accept an application for compulsory execution by an administrative organ within five days. If the administrative organ disagrees with the people's court's decision not to accept it, it may apply to the people's court at the next higher level for reconsideration within 15 days, and the people's court at the next higher level shall make a ruling on whether to accept it within 15 days from the date of receiving the application for reconsideration.

(4) making an enforcement ruling

The people's court shall conduct a written examination of the application for compulsory execution by the administrative organ, and if the materials are complete and the administrative decision has the legal enforcement effect, the people's court shall make an enforcement ruling within seven days from the date of acceptance, except for the circumstances stipulated in Article 58 of the Administrative Enforcement Law. Article 58 of the Administrative Enforcement Law: If the people's court finds any of the following circumstances, it may listen to the opinions of the person subjected to execution and the administrative organ before making a ruling: (1) There is an obvious lack of factual basis; (two) the obvious lack of laws and regulations; (three) other obvious violations of the law and damage the legitimate rights and interests of the person subjected to execution.

The people's court shall make a ruling on whether to implement it within 30 days from the date of acceptance. If the ruling is not executed, the reasons shall be explained, and the ruling of non-execution shall be served on the administrative organ within five days.

If an administrative organ disagrees with the people's court's ruling not to execute, it may apply to the people's court at the next higher level for reconsideration within 15 days from the date of receiving the ruling, and the people's court at the next higher level shall make a ruling on whether to execute it within 30 days from the date of receiving the application for reconsideration.

3. What are the administrative organs with enforcement power?

Before the implementation of the Administrative Enforcement Law, in principle, only the public security, national security, customs, industry and commerce, taxation, and people's governments at or above the county level had the power of administrative enforcement. But at present, the Administrative Enforcement Law has expanded this scope abstractly, and there are two situations: (1) Forced demolition of illegal buildings, structures and facilities. (2) Enforcement of the obligation to pay money when certain conditions are met. When the above two situations occur and meet certain conditions, a wide range of administrative organs have the power to enforce them on their own, such as the Transportation Bureau auctioning seized vehicles to pay fines, the Land and Resources Bureau forcibly demolishing illegal buildings and so on. For you to better safeguard your rights.

Legal objectivity:

Article 226 of the Civil Procedure Law stipulates that if the people's court fails to execute the application for execution within six months from the date of receiving the application for execution, the executor of the application may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the original people's court to execute it within a certain period of time, or it may decide to execute it by itself or instruct other people's courts to execute it.