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行政权与立法权、司法权都是国家权力的一部分,正是因为行政权的公权性,才使其更有能力去对抗象征公平公正的司法权,而且一旦行政权与司法权发生矛盾,其危害性也更大!而判决的执行是一个案件进入司法程序后的最后一个环节,也是案件能否得到最终解决的关键步骤。因为判决所确定的权利义务是一种纸上的权利义务,当事人要想真正实现判决书上的权利必须通过执行加以兑现。然而在现实生活中很多案件虽然得到了公正的判决,却不能及时有效地执行,甚至是无法执行。一个案件在得到了公正合理的判决后却无法执行,这不能不说是司法的失败,是对法治的侮辱。试图通过一个真实的案例,浅析我国行政诉讼执行过程中的某些不足之处。
The executive power, the legislative power and the judicial power are all part of the state power precisely because of the public power of the administrative power, which makes it more capable of fighting the judicial power that symbolizes the fairness and justice. And once the contradiction between the executive power and the judicial power occurs, Its harmfulness is greater! And the execution of the judgment is the final step after a case enters the judicial procedure, and it is also the key step that the case can be finally resolved. Because the rights and obligations set forth in the judgment are a kind of rights and obligations on paper, if the parties want to truly realize the rights in the judgments, they must be honored through implementation. However, in real life, although many cases have been fairly judged, they can not be promptly and effectively implemented or even enforced. A case can not be enforced after it has been given a fair and reasonable judgment. This can not but be a failure of the administration of justice and an affront to the rule of law. Trying to analyze some shortcomings in the process of administrative litigation in our country through a real case.