行政公益诉讼履行判决之检视——以甘肃省88起裁判文书为分析样本

A review of satisfaction of judgments in administrative litigation for public interest:an analysis based on 88 judgments in Gansu province

行政公益诉讼中,法院判决类型较为单一,主要集中于确认违法判决与履行判决。从司法实践来看,作为使用率较高的履行判决,在适用于行政公益诉讼的过程中出现了行政机关履职程度不明确、确认违法判决与履行判决的选用不合理、判决内容过于笼统的问题。为保障行政公益诉讼判决的实效性与合理性,实现行政公益诉讼督促履职、维护公益的制度宗旨,可以从明晰行政机关履职程度、明确履行判决与确认违法判决的适用顺序、加强履行判决的司法能动性入手进行优化。

Confirmation of judgments and satisfaction of judgments are the main types of court judgments in administrative litigation for public interest.At present the main problems in satisfaction of judgements are unclear performance of administrative agencies,unreasonable selection of confirmation of judgments and execution of judgments,and overgeneralized judgments.Therefore the administrative litigation for public interest should be more efficient and rational so as to better carry out its function of supervising administrative branches to fulfill their duty.It is suggested to specify the assessment of the performance of relevant administrative departments,clarify the order in which judgments are delivered and confirmed,and strengthen judicial initiative to enforce judgements.