On Judgment For Conducting Specific Administrative Actions Again

As a special system of Chinese administrative litigation, judgment for conducting specific administrative actions again is very important in administrative trials. And the thesis analyzes the problem from four angles.First, the author discusses the judgment academically. On one side, as judgment for conducting again is the complement of judgment for rescinding, the validity of the latter affects the former a lot. And the validity of denying administrative actions' validity, the validity of acting again and the validity of forbidding repetition of judgment for rescinding even make the basis of the validity of judgment for conducting again. On the other side, as judgment for conducting again reflects judicial review on administrative power, the intensity of the review is of close relation to the conditions of applying the judgment and the content of it.Second, the author interprets how the courts apply judgment for conducting again. Although judgment for conducting again is the complement of judgment for rescinding, it's not necessary that every judgment for rescinding be accompanied with judgment for conducting again. Decided by the intensity of the review on administrative power, the content of judgment for conducting again should take judgment of principle as the principle and judgment in detail as the exception.Third, the author discusses new administrative actions by agency. As the content and the reflection of the power of administrative agency, new actions must obey judgment for conducting again as well as laws and codes concerned. And, as a new administrative action, the new action could still be sued by the private party.Last, the author discusses the relationship between judgment for conductingagain and judgment for performance. As judgment for conducting again is of similarity to judgment for performance, there exist arguments in some administrative cases that whether judgment for conducting specific administrative actions again or judgment for performance should be applied, especially when it is the expressive refusal action by administrative agency that is unlawful.