Study On Administrative Performance Judgment

As an important part of the form of administrative litigation in China,administrative performance judgments play an important role in the settlement of administrative inaction disputes.In China,there is not much research on the enforcement of judgments.The provisions of the administrative law on the enforcement of judgments are imperfect.There is a lack of logical rigor and systematic unity among related laws and regulations.For many issues involved in the execution of judgments,the processing basis is unclear and irregular,which has affected the performance of the enforcement system.This article refers to Chinese and foreign laws and works,and elaborates the relevant content of the execution of the judgment.This article is mainly divided into four parts.The first part is an introduction to the concept of administrative execution judgment.It mainly introduces the concept of "performance judgment" in administrative procedure law and trial practice,and compares the execution judgment with related legal concepts,so as to establish a preliminary understanding of execution judgment.The second part introduces the application of administrative performance judgment.This part mainly analyzes the application conditions of performance judgment,and introduces the substantive and procedural conditions.In order to find out the advantages and perfection of administrative execution judgment in the application process,it has established a good theoretical foundation for the practical application of execution judgment.The third part mainly introduces the problems in administrative execution judgment in China,including the definition of applicable conditions.Unclear,too narrow scope of application,imperfect constitutional requirements for the execution of administrative litigation,and ambiguous levels of performance of obligations.Through the study of existing problems,we realize the seriousness of the problem;the fourth part mainly introduces the improvement of the administrative The corresponding measures for the enforcement of judgments in litigation are further analyzed and improved by drawing on the advanced experience of foreign countries and Taiwan,and especially by drawing lessons on foreign obligations.In short,exploring the application and improvement of administrative performance judgments is of great significance for clarifying the relationship between administrative power and judicial power.It can not only maintain the legal remedies of administrative counterparts,but also promote the smooth development of judicial practice in China.