Study On The Execution Of Administrative Litigation Judgment

The execution of judgments in administrative litigation is a complex theoretical and practical problem.Discussing this issue will inevitably involve what is the execution of judgment in administrative litigation,what is the execution of judgment in administrative litigation,what are the manifestations and reasons of the execution of judgment in administrative litigation,and how to solve these problems in law.This paper makes a more in-depth discussion around the above issues.Firstly,the article explains the concept of execution judgment in administrative litigation.The Administrative Procedure Law stipulates that if an administrative organ fails to perform its statutory duties,to pay pensions,to guarantee the minimum living standard and to pay social insurance benefits,or to perform the obligations stipulated in the administrative agreement,the court shall decide that it shall perform its obligations in accordance with the law.In fact,the above three cases are administrative omission cases.The author thinks that the execution judgment of administrative litigation is the substantive judgment of the court in the case of administrative omission.Secondly,it discusses the concept of execution of judgment in administrative litigation.The Administrative Procedure Law stipulates that the effective administrative judgment is refused to be fulfilled,and the court or the administrative organ with the power of compulsory execution may enforce it against the administrative counterpart or the administrative organ.According to the specific connotation of execution and performance of administrative judgments,the author thinks that the main body of execution of administrative litigation execution of judgments is the court,the subject of execution is the administrative organ,and the content of execution is a kind of legal obligation that the administrative organ determined by the effective judgment should perform.Thirdly,it explores the manifestations and causes of the execution of judgments in administrative litigation.From the perspective of administrative organs,the obstacles to the execution of judgments in administrative litigation are due to the inaction of administrative organs.Due to the continuous improvement of the process of rule of law and the administrative litigation system,the situation of administrative organs'direct refusal to execute effective judgments exists,but in practice,more administrative organs act as a form of substantive inaction.The concrete manifestations are as follows:expressive action,Tai Chi action and semi-action.Their common characteristics are that the administrative organs take various ways to make some kind of behavior on the surface,but in essence,they fail to achieve the purpose of executing the judgment.From the perspective of inaction of administrative organs,the author thinks that the problem of execution of judgments in administrative litigation in China is due to the lack of legal system to monitor administrative inaction.Finally,drawing on the experience of ensuring the enforcement of judgments in foreign countries,this paper explores how to improve the enforcement of judgments in administrative litigation in China.From the perspective of monitoring the inaction of administrative organs in the execution of judgments,the author puts forward some countermeasures to improve the monitoring system,which is put forward in accordance with the logical order of the development of execution.Legislatively,we should strengthen the provisions of court enforcement measures,expand the scope of property enforcement,increase the types of enforcement measures and strengthen enforcement;clearly define the content,mode,duration and consequences of judicial implementation;perform the obligation of information disclosure to the administrative counterpart in the execution process,fulfill the obligation of reporting to the court and publicizing information;and the punitive legal system is around.When punishing the administrative organs and related staff,the administrative organs shall be liable for compensation to the administrative counterparts,and the principals of the organs and the relevant staff in specific cases shall be liable for joint and several fines,which shall be at least 10%of their annual salaries up to their annual salaries.Through the above system design,the author expects that the execution of judgments in administrative litigation in China will be effectively improved,so that all administrative organs and their staff can faithfully and actively fulfill their qualifications and legal responsibilities that should be fulfilled.