The Deconstruction and Reconstruction of the Force of Reasons for Judgment of Administrative Litigation
In practice,there are different viewpoints on the force of reasons for judgment of administrative litigation,primarily including res judicata,issue preclusion,prejudicial effect,and binding force.Unlike judgments of civil litigation,judgments of dismissal of claims,judgments of revocation of an administrative act,judgments of general performance and judgments of giving a response in administrative litigation are typically"colorless judgments",the main part of which often declares only the result of the adjudication without including the complete and detailed content of the trial and adjudication,thus necessitating the reference to reasons for judgment to clarify the objective scope of the judgment's force.Regarding the construction of the force of reasons for administrative judgment,it is advisable to abandon the binary confirmation model of"all or nothing",take the prevention of procedural idleness and substantively resolve administrative disputes as objectives,conduct differentiated shaping on basis of decomposing elements of reasons for judgment.The reasons for finding a fact in an administrative judgment has the preclusive effect of the prejudicial force and res judicata;for reasons for application of law,the reasons for judgment of revoking and remaking an administrative act has the statutory res judicata,and regarding other types of judgments,it is consistent with the litigation structure and judicial practice in China to adopt the doctrine of unified res judicata as the explanatory basis,that is,the decision on the constituent elements of subject matter of the litigation in the reasons for judgment has the binding force of res judicata.
Administrative LitigationReasons for JudgmentFact-findingApplication of LawRes Judicata
万方数据
维普
