行政履行判决之反思与重构

Reflections and Reconstruction of Administrative Feasance of Judgment

行政履行判决是我国行政诉讼判决形式的重要组成部分,但从现行法律规定分析,其适用条件和范围均存在诸多缺陷。从诉判关系以及行政诉讼类型与行政判决关系出发,应该以行政处理为标准重构我国的行政履行判决体系,确立行政给付判决和课予义务诉讼两种判决形式。

Administrative feasance of judgment is an integral part of administrative litigation judgment in China.Analysis on the existing laws and regulations indicate that there are quite a few deficiencies in both the conditions and scopes to implement administrative feasance of judgment.In view of adjudication relations,administrative litigation types and administrative judgment relations,it is necessary to reconstruct the administrative feasance of judgment system of China with administrative handling as criterion,and establishing the two judgment forms of administrative judgment and obligation imposing judgment.