论行政诉讼重作判决之价值与适用条件

On the Value and Applicable Conditions of Judgment for Reconducting Administrative Actions

行政诉讼重作判决是撤销判决的辅助判决,我国《行政诉讼法》对其有明确规定,但未明确其适用条件。重作判决的适用有利于全面实现撤销判决的实效性和维护客观法秩序。重作判决的适用条件应包括:存在撤销判决,被诉具体行政行为针对的问题应当重新处理,被告对应当重新处理的行政行为具有法定管辖权,被告能够依职权作出具体行政行为。

Judgment for conducting administrative actions again is the accessorial judgment of repeal judgment,which is definitely prescribed in our Administrative Procedure Law,but its applicable condition is not clear.The application of judgment for conducting administrative actions again is beneficial to realize repeal judgment＇s actual effects totally and protect the objective legal order.The applicable conditions of judgment for conducting administrative actions again should include： a repeal judgment exists;the problem which is aimed by the resorted specific administrative act should be conducted again;defendant should have the legal jurisdiction;defendant can conduct the specific administrative action on authority.