On The Judicial Application Of Administrative Supply Judgment

With the change of national administrative tasks,interference administration is no longer the whole of administration,and supply administration has gradually become the main way of modern administration.China's 2014 "Administrative Procedure Law" has made an institutional response to this,Article 73 of the Act has added a kind of judgment type-supply judgment,which enriches the type of judgment in our administrative litigation.and It is not only beneficial to the realization of civil rights relief thorough and diligent,but also conducive to regulate the administrative organs of the administrative supply behavior.However,Article 73 of the Act does not clarify the conditions for the application of the judgment,and the formulation of the provision only provides for the determination of the supply of the judgment by "finding the defendant's obligation to pay in accordance with the law"."Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Administrative Litigation Law of the People's Republic of China"(Law Release [2015] No.9)Article 23 The applicable conditions for the supply of a judgment are embodied in the "grounds for applying for supply","refusing or delaying the performance of obligations and without proper Reason ",but the term " may " in the provision in turn makes the specific conditions of application of the judgment vague and uncertain.The specific content of the supply to the administrative organ,the basis for the supply and the question of how to pay it,is not clear in the provision,which makes the people's court confused when it comes to the specific application of the judgment.Therefore,the definition of the applicable conditions of the supply judgment has a certain necessity.This paper analyzes the applicable conditions of supply judgment by analyzing the connotation of supply judgment,the specific scope of application and the relationship between performance judgment and the case in judicial practice,and aims at how to use "how to use" To give a reference to the new type of judgment.In addition to the introduction,the article contains five parts.The introduction section mainly introduces the origin of the topic,the research status of the supply judgment,the innovation of the research and the significance of the research.The first section defines the connotation of the supply judgment from the three aspects of the relationship between the characteristics of the judgment,the function and the judgment of the performance judgment.The second section,through the analysis of 70 cases of relevant supply cases and the combination of Article 12,Article 10 and Article 73 of the Administrative Procedure Law of our country,the scope of application of the judgment of administrative litigation in China has been made Defined.This paper argues that the specific scope of application of the judgment should include three aspects of property supply,administrative factual supply and suspended supply.The third section focuses on the appropriateness of the supply from the supply,the appropriateness of the supply of the suit,the review of the defendant's supply obligation,the non-performance of the defendant's obligation to supply or the delay in the performance of the obligation to supply without the justification and the defendant's performance obligation Layers face the conditions for the application of the sentence to be clear.The fourth section discusses under the premise of determining the applicable supply judgment,the application of the people's court in the process of applying the judgment to the maturity of the referee,the execution of the litigation and the implementation of the system.The fifth section is the conclusion.On the basis of summarizing the conclusion of this paper,the paper proposes to promote the perfection and development of the supply judgment by establishing the case system of the litigation,the guiding case system of the Supreme People's Court and the judicial interpretation of the administrative procedure law.