新型行政不作为案件判后执行困境、成因及其对策初探

The Enforcement Dilemma,Its Causes and Countermeasures for the Judicative Execution of New Style Administrative Inaction

现行行政诉讼法第96条规定了行政判决执行的强制措施,但并没有明确落实配套实施细则,也未建立相应保障机制。基于行政机关履职的不可替代性,其形式履行而实质未履行生效判决中的履职义务,使法院陷入了内存争议而外难息诉且公信受损的困境。产生该困境的原因既有立法、司法方面的,也有社会方面的。必须进一步完善立法,推进司法改革,强化监督,加强公民法治宣传教育,引导公众理性认知行政诉讼,不断提升司法公信力。

Although the article 96th of the current administrative procedure law provides the compulsory execution measures for administrative judgment,it has no clear complementary implementation rules and guarantee mechanism.The administrative organs play an irreplaceable role in exercising their responsibilities.When the administrative organs perform their obligations for the effective judgments in form but not in substance,the courts will be in a difficult position in which they have internal disputes and difficulty in dropping the lawsuits and even hurt their public credibility.There are many reasons for the dilemma like legislation,justice and society.So we should further improve legislation,promote the judicial reform and strengthen the supervision.Besides,we should strengthen the citizen＇s law publicity education,guide the public to cognize the administrative litigation rationally and constantly improve the judicial credibility.