关于完善我国行政诉讼判决种类的思考

On Perfection of Types of Administrative Litigation Judgement

我国行政诉讼法规定的行政诉讼判决存在种类不全面、适用条件的规定原则性强、适用案件范围的设置不科学、种类的设置不具有针对性等缺陷。应借鉴国外的立法经验 ,同时结合我国的行政审判实践 ,重新构建我国的行政诉讼判决种类。具体应包括 :确认判决、撤销判决、履行判决、变更判决、驳回诉讼请求判决、补正判决、禁令判决。

As to the administrative litigation judgement, there are defects in the Administrative Procedure Law. The type is not all-sided. The stipulation concerning application is highly principled. The scope of the cases in which every kind of judgment can be applied is not reasonable. What every kind of judgment aims at is not clear. We should consult the experiences of other countries for reference and combine the practices of the administrative judgement to reconstruct the type of the administrative litigation judgement. It should include eight kinds: confirmation judgement, dismissal judgement, performance judgement, alteration judgement, supplement and correction judgement, prohibition judgement, partial judgement, and judgement of rejecting appeal.