行政公益诉讼履行判决研究

A Study on Satisfaction of Judgment in Administrative Public Interest Litigation

履行判决在行政公益诉讼案件中是富有生机的判决形式,当前行政公益诉讼履行判决的相关规定较为概括。通过对司法实践中典型案例的梳理与剖析可知,履行判决的适用情形和内容存在一定争议。前者的关键是对行政机关"不履行"、"法定职责"的认定;后者的核心是法院在"如何履行"的内容限定上享有多大权力。对这些问题的反思必须回归到客观诉讼视野中,行政公益诉讼履行判决的适用不能完全等同于一般行政诉讼的履行判决,应当凸显监督行政机关依法行政和保护公共利益这两项客观诉讼目的。

Satisfaction of judgment is a vigorous form of judgment in cases of administrative public interest litigation, and currently, related regulations on such judgment are too generalized. It can be noted through integration of typical cases in judicial practice that the applicable circumstances and contents of satisfaction of judgment have courted controversy. The key to the former is affirmation of ** nonperformance" and ustatutory duty" of administrative body;the core of the latter is how much power the court holds in terms of content restriction for '* how to perform". Reflection upon these questions must return to the field of objective litigation. The application of the satisfaction of judgment in administrative public interest litigation is not completely equal to that in general administrative litigation. The two objective litigation purposes of law-based administration and protection of public interest by administrative body should be highlighted and supervised.