Execution Judgment In Administrative Litigation

As a kind of rule of law in our country,the performance judgment plays an important role in protecting the legitimate rights and interests of the administrative counterpart.The performance of judgment and performance is not one-to-one correspondence.In other words.The execution of judgment has an independent status in administrative litigation,so it should not be simply interpreted as the judgment form of performance of the action.The definition of the performance judgment should be closely around the two aspects of the performance judgment and the performance judgment in the judicial practice.In accordance with the administrative procedure law and the relevant laws and regulations.The judgment of execution is the form of judgment against the illegal administrative omission.In practice.The manifestation of omission is mainly two kinds of refusal and delay;Performance judgment often occurs in the case of public confidence,personal property protection applications,such as the issuance of diplomas.Perform the judgment and payment of the judgment,re judgment of similar concepts are inextricably linked.To clarify the relationship between them is the only way to study the performance judgment.According to the author's opinion,the litigation disputes of payment judgment mainly lie in the payment of money and other property,that is,the fact that the administrative subject pays the specific administrative act and the judgment of the property application.The re judgment belongs to the general performance of judgment,re judgment is a special form of the performance judgment.Because the claims of the plaintiff,defendant to fulfill the statutory duties of the administrative litigation resulted in the re judgment and shunt performance judgment at the trial stage.The key is to perform the judgment standard applicable conditions and contents of the performance judgment,only to meet the procedural conditions and substantive conditions,can be used to comply with the judgment,the procedural conditions including the plaintiff has been proposed to perform the duties of the application to the administrative organ,the administrative body is not as full performance period,substantive conditions is that the administrative subject has to fulfill the statutory obligation,and not as a fact and administrative duties is necessary.About the content of the judgment for performance,the academic circles have two viewpoints,namely the principle of judgment and specific sentence,two distinct differences of opinion,judgment of principle said the first judgment right claim to respect the administrative subject,claims that the people's court can no longer perform administrative judgment in order to make a specific administrative act,the specific requirements of the administrative subject,but only to fulfill their statutory duties.The specific judgment said that in the degree of judicial review,the performance of the judgment,a sentence in the end,not to the administrative subject to discretion.The principle of judgment is conducive to the protection of the legitimate rights and interests of the administrative counterpart,to provide appropriate relief for the administrative counterpart,and to balance the judicial power and administrative power.In the trial practice,the principle of judgment is also a common practice,the principle of judgment instead of specific judgments is a major trend.