Research On The Administrative Organ Is Not Effective To Fulfill The Obligation Of The Judicial Decisions

As the Administrative cases took effect,the administrative organ shall timely effective to fulfill the obligation of the judicial decisions.But in judicial practice,administrative organs are often not comprehensive performance of the people’s court in accordance with the law to take effect,the obligations specified in the written judgment.In order the administrative organs to perform the statutory duties of judgment,because the administrative ruling tend to administrative organ specific how should not clear.So some administrative organs seemingly positive obligations,but actually has not effect on the obligations to conduct a comprehensive,correct,to perform properly.This kind of situation,the enforcement of the court is generally not as refused to carry out effective court dealt with the situation and then carrying out a compulsory execution measure,than In"administrative procedural law" the 96th regulation of deterrence efforts failed to form should be effective in practice.Carefully analyze the effect,the obligations specified in the judicial decisions performance problems,and from the source to effect a radical cure have a real need.Based on this,this article according to the theory and practice of combining the research train of thought.From the nature,types and performance of the obligations to fulfill degree of perspective,analysis and research the administrative organ is not completely effective referee duty related basis and the practical problems,To find obligations rate is low and deep reason of administrative judgment enforcement difficulty,in order to process performance and the execution of administrative decision regulation perspective,the right remedy to provide analysis and solution.The thinking of the article is as follows:The first part is mainly to clarify performance and effective execution,administrative decision execution,the judicial decisions duty related theoretical concept,raises the basic problem.The second part is from the basic theory,is not effective to fulfill the obligations specified in the tribunal typed analysis,clear completely,not completely to perform basic sentence forms.The third part is on the basis of empirical research,this paper outside the administrative ruling an obligation and execution,as well as our country administrative organ the manifestation is not effective to fulfill the obligation of the judicial decisions and problems,typical cases and,realistic effects.The fourth part mainly analyzes the administrative organ completely fulfill its obligation to effect the judicial decisions is faced with many practical obstacles,which is not completely fulfill the cause of existence.Last part from the Angle of the rules of path,the solving means to deal with noneffective to fulfill the obligation of the judicial decisions,by making the basis for judgment,executing the administrative judgment,constructing multiple supervision and to perfect the concrete operation,then to promote the full implementation of the obligation of effective judgment,construct the rule of law.