The Reconstruction Of Execution Judgment In Administrative Litigation

As an approach of legal judgment of administrative litigation law,execution judgement is based on the sentence type system.Since the administrative litigation system in China came into being relatively late,it is hard to coordinate the condition,the range of application,the degree of judgement and some other rules in the circle for a long time.As the case of execution of duty increasing,execution of the judgement is always overlooked.As a result,the proportion of execution remains low.As the expansion of supply administration and service administration,the administrative litigation cannot satisfy the examination of the legality of the administrative act.The nonfeasance has gradually become a common phenomenon.Therefore,a huge contrast between nonfeasance and feasance appear.In a long term,it will have some negative effects on the development of relief function of political litigation system in China.One of the reason why there appeared the phenomenon relies on the disunity if the condition,the range of application,the degree of judgement and some other rules.It is a high time to coordinate these issues in the circle.It is a problem that must be faced that how to complete the reconstruction of the judgment in the framework of the new administrative procedure law,and let it bear the responsibility of the important judgment type of administrative litigation relief.The paper concentrated on issues and lay out issues in logic.The framework of the solution and the reason why it is necessary to reconstruct the system of execution of the judgement come from both the theory and the practice.The paper explains the necessity of the reconstruction the system of execution of the judgement by analyzing the data,giving examples for the difficulty for applying the judgement and discussing the defect of the judgement system in the aspect of nonfeasance and the intensity of judgement review.For the reconstruction,the writer provides two solutions.One is introduction imposed a compulsory litigation by comparison and the other is the completion of the execution of the judgement system in the framework of the Administrative litigation typification system and the latest administrative litigation act to provide an explanation for reconstruction.The reconstruction does not mean the overturn and rebuild of the old.On the contrary,it is based on the deep understanding of the Legislation of administrative procedure law,construct the framework of the system and determine the range of application,condition,time limit and other related issues.It intends to enhance the profundity and availability of the help by administrative litigation.The first part of the paper introduced the theoretical basis of the execution of the judgement and the limit between other related judgement to lay the foundation for further study.The second part leads to imposed a compulsory litigation by comparison.This paper also introduces the judicial relief mode of the civil law system in the world,especially the civil law system to make a comparison.The third part is the explanation for the necessity of reconstruction based on the cases for administrative litigation in recent five years from the intermediate court C in city Y and discusses the problems faced by the execution of the judgement in the recent system.The fourth and fifth part explains two solutions – realizing the pattern of litigation typification,especially of duty and completing the system of the judgement.It should be emphasized that the two solutions can take effect at the same time instead of choosing only one.The final goal is to enhance the administrative litigation.