The Study of Substantive Judgment to Perform Statutory Duty in the Administrative Procedure Law-With the Case of YIN Heling as the Core

Limited principles of judicial review is the basic principle of Administrative Procedural Law, and leads to different opinions on "substantive judgment to perform statutory duty". But the case of Yin Heling defined the legitimacy of "substantive judgement to perform statutory duty"and described its double applicable conditions:the general condition of "good reason,clear fact,clear law",and the special requirement of "only one legal effect". The only one legal effect contains two conditions:strict administrative act and administrative discretion shrink to zero, which is consistent with the judgement on prestation and the performance judgment. Throughout the judicial practice, redoing judgment,judgment on prestation, execution of judgment are the three judgement types:procedural judgment, prompt judgement, and performing statutory duty judgement. This determines the similarity of their functions. Substantive judgment to perform statutory duty shows the substantive resolution of disputes, and demonstrates the justice's function of promoting system development.