Discussion Of Administrative Litigation Performance Judgement In China

Administrative performance judgment is an integral part of administrative litigation judgment in China. The performance judgment plays an important role in the resolving disputes of administrative omission as a judgment form. The provisions for the performance judgment in theory is not much in China. Administration law rules to the performance judgment is not perfect, lack of logical rigor and the unity of the system. About the issues involved in the performance judgment, the processing basis is not clear, non-standard and affects the performance judgment system to play an important role. This paper expounds the relevant contents of the performance judgment according to foreign laws and works.The first part is about the performance judgment. It mainly introduces the meaning of the performance judgment, properties and the relationship with lawsuit type, establishes the elementary understanding of the performance judgment. The second part is the introduction of administrative performance judgments of foreign fiction investigation. It respectively expounds Germany, Japan, France, Britain, the United States and Taiwan administrative omission relief way. The third part elaborated the problems and defects in the application of the performance judgment in China, Mainly includes: the specific scope of the performance judgment is not clear; constituents of the performance judgment is incomplete; there is no provision of the performance judgment content fulfillment degree in law; administrative "incomplete perform" is in gray zone. The fourth part puts forward improvement measures about the problems of the performance judgment above all. It analysis and perfects the defects of the performance judgment in china according to the research of foreign demanding-performance-of-liabilities. There are strong theoretical and practical significance by investigating the problem of administrative performance judgment and perfecting its application. It not only be conducive to distinguishing the relationship of judicial and administrative, providing theoretical basis to the solution of the Administrative omission case but also play a part in developing successfully of judicature practice of China.