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行政诉讼执行结果除去判决是人民法院要求行政机关回复被诉具体行政行为执行前事实状态的一种判决,它在本质上是一种给付判决,在形式上则附随于撤销判决。《行政诉讼法》修改之前,法院通过国家赔偿、履行判决制度等不同制度实现了执行结果除去的效果,产生了司法实践中的不同做法。在新修改的《行政诉讼法》规定了给付判决之后,执行结果除去判决的制度障碍得以扫除,应当在行政诉讼制度框架内划定具有可回复性的行政行为的范围,厘清能够作出执行结果除去判决的裁量的标准,规范法官就该问题的释明义务。
The decision to remove the administrative execution result is a judgment that the people’s court requires the administrative organ to reply to the factual status before the execution of the specific administrative act. It is essentially a verdict of payment and is formally accompanied by the verdict of revocation. Prior to the revision of the Administrative Procedure Law, the courts realized the effect of removing executive executions through different systems of state compensation and performance of judgment systems, resulting in different practices in judicial practice. After the newly amended Administrative Procedure Law provides for the payment of the judgment, the system obstacle to remove the judgment as a result of the execution shall be cleared away. The scope of the administrative action shall be delineated within the framework of administrative litigation system so as to make it clear that the execution result can be removed Judgment of the standard of discretion, regulating the judge’s obligation to explain the issue.