| Since the 15 th meeting of the standing committee of the 12 th National People’s Congress passed the decision on authorizing the supreme people’s procuratorate to pilot public interest litigation in some regions on July 1,2015,China has started the pilot work of administrative public interest litigation in Guizhou and other 13 provinces(regions and cities).On July 1,2017 the provisions of administrative public interest litigation system in China and in the "administrative procedural law" formally implemented,suggests that the administrative public interest litigation has been from the pilot to the nationwide implementation of to now,more than 4 years of time,guizhou province,administrative public welfare lawsuit practice sample size is relatively more experienced,the written judgment.Through the study of 100 judgment documents of administrative public interest litigation in guizhou province,it is found that the number of confirming illegal judgment and executing judgment accounts for the absolute majority,while executing judgment,as the most dynamic form of administrative public interest litigation,has many problems in practice.Due to the principle-based legislation on judgment fulfillment,problems such as confusion in the application of judgment fulfillment,over-generality in the content of judgment,vagueness in the content of judgment fulfillment and inconsistency in the time limit of judgment fulfillment are also common in guizhou,which has rich experience in practice.The administrative public interest litigation system is undoubtedly an important booster to promote the construction of the government under the rule of law.It needs to be advanced step by step and refined step by step to further improve each link of the system.In view of the problems presented by the fulfillment of judgment in practice,we need to deeply explore the reasons and explore the way out from both theory and practice.In addition to the introduction and conclusion,this paper is divided into three parts to write.The first part is based on the empirical analysis of 100 judgment documents in guizhou province,sorting out the judgment status quo of administrative public interest litigation and finding the problems presented.The second part is the regression theory,which makes a theoretical analysis of some important problems that are unavoidable in studying the performance of judgment,such as the application of the performance of judgment and the content of the performance of judgment.The third part is the author in view of the above problems and analysis,proposed from four aspects of the solution. |
