On the Original-Administrative-Act Duplication Prohibition Effect of Administrative Judgments
Article 71 of the Administrative Litigation Law provides that an administrative judgment in force shall have the effect of prohibiting duplication of the original administrative act,with the intention that the reworking of administrative act shall respect the grounds of the administrative judgment in force,while taking into account the reasonable division between the judicial and administrative powers.In terms of objective scope,the duplication prohibition effect covers the new administrative act which has the same facts,reasons and contents as the original administrative act.In terms of the subject scope,the prohibition effect covers both defendant and third party in the lawsuit.In principle,the duplication prohibition effect has both res judicata and binding nature.For the new administrative act that violates the effect,the court should,on the one hand,make the same judgment with the same purpose of the effective judgment,and on the other hand,it can also take enforcement measures to enforce the purpose of the effective judgment.In order to maximize the effectiveness of the duplication prohibition effect,the court should point out the intent of the judgment as clearly and specifically as possible in the effective judgment and actively apply the provisions of the enforcement measures.
acts of redoingduplication prohibitionsame facts and groundsres judicatabinding effect
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