行政诉讼重作判决的比较及其启示

Comparison and Enlightenment of Judgment for Conducting Again in Administrative Litigation

正确、有效地适用重作判决有利于实现撤销判决之实效,维护客观法秩序。为了更好地发挥行政诉讼重作判决的制度功能,应当将之与我国类似判决形式进行比较,主要是撤销判决与履行判决。同时要将重作判决与英国、奥地利的类似判决形式和法国、德国、日本的撤销判决效力制度进行比较。这些比较对我国行政诉讼重作判决的适用具有重要启示。

Correct and effective application of judgment for conducting again is beneficial to realize the actual effect of judgment for repeal, and protect the objective order of law. In order to bring the system function of judgment for conducting again into better play, we should make a comparison between judgment for conducting again and similar judgment in China, mainly including judgment for repeal and judgment for performance, and a comparison between judgment for conducting again and similar judgment in British and Austria, as well as the system of the validity of judgment for repeal in France, Germany and Japan, which will give an important enlightenment to the application of judgment for conducting again in administrative litigation in China.