The Boundary Of Judicial Power In The Demanding-performance-of-liabilities Lawsui

The demanding-performance-of-liabilities lawsuit means that the private party requestingthe court adjudicats the administrative authority shall make a specific administrativeact. Contrast the removing lawsuit that merely remove the illegal administrative order, Thedemanding-performance-of-liabilities lawsuit provides the private party the most integral andeffective protection. But The judicial power and the executive power both have theirboundaries, If the judicial power Excessively intruds the executive power,Contrary to the nature of the jurisdiction. Therefore, how to restrict the judicial power in thedemanding-performance-of-liabilities lawsuit, that not only provides the private party themost integral and effective protection, but also don’t contrary to the nature of the jurisdiction,it will be a problem. This thesis studies the boundaries of judicial power in thedemanding-performance-of-liabilities lawsuit, and mainly studies the3questions: The right toappeal/the right of demanding performance(Anspruch)/the ripe opportunity of thejudgment(Spruchreife).This thesis consists of a fore word, four chapters and a conclusion. Theforeword introduces the problem of the demanding-performance-of-liabilities lawsuit and themethods of research. Chapter one introduces the synopsis about the demanding-performance-of-liabilities lawsuit, and discusses the function and prolem of thedemanding-performance-of-liabilities lawsuit. Then it chooses the right to appeal/the right ofdemanding performance(Anspruch)/the ripe opportunity of the judgment(Spruchreife) as theobject of discussion. Chapter two expounds the theory of the legislation that involve theprotective intention(Schutznormtheorie).According to this, it discusses the question aboutthe right of demanding the administrative authority make a discretion that has notdefect.(Anspru chauffe hlerfreie Ermessensentscheidung). Chapter three introduces the theoryabout the right of demanding performance (Anspruch) and the present research of theacademia in China. Chapter four with the theory of discretion discusses the ripe opportunityof the judgment(Spruchreife), and comparative it and the Judgment of demandingperformance. At the last part, this thesis stats the conclusion, and puts forward the suggestionsabout the research.