It is necessary to mention the following reasons: firstly, the legal corridor of judgement enforcement in general and administrative judgement enforcement in particular is incomplete an
Trang 1VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
NGUYEN THI PHUONG HA
ENFORCEMENT OF JUDGEMENT AND DECISIONS
OF THE COURT ON CURRENT ADMINISTRATIVE
Trang 2The work has been completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES
Reviewer 1: Prof PhD Phan Trung Ly
Reviewer 2: Prof PhD Thai Vinh Thang
Reviewer 3: Assoc Prof PhD Vu Trong Hach
The thesis is protected before the Doctoral Dissertation Council at the Graduate
Academy of Social Sciences
at ……….……….2019
The thesis can be found at:
National Library Library of Social Sciences Academy
Trang 3INTRODUCTION
1 The urgency of the thesis
The verdict and decision of the Court has always been considered as an expression of justice in all countries in the world Through the judgement of the court, people receive the right, the fairness that they seek throughout the process of resolving the case In Vietnam, ensuring the enforcement of a legally enforceable judgement or decision (also known as judgement enforcement) is a constitutional principle and an important requirement in judicial reform policy Enforcement of judgements and decisions of the Court on administrative cases (called the Administrative Judgement Enforcement) is currently one of the three basic judgement enforcement areas Objects of the Administrative Judgement Enforcement are decisions related to State agencies, mainly state administrative ones Thus, the relationship between Administrative Judgement Enforcement agencies and administrative judgement enforcers must be proactive and realistic in the enforcement of judgements, which is not easy to deal with
More than 5 years after the promulgation of the Administrative Procedure Law in 2010, the Law on Administrative Procedures in 2015 was passed by the National Assembly The judgement enforcement mechanism was changed, which enhanced the role of judicial authorities However, according to the report of the judgement enforcement agency, the rate of judgements and decisions of administrative
cases has been still low It is necessary to mention the following reasons: firstly, the
legal corridor of judgement enforcement in general and administrative judgement enforcement in particular is incomplete and inconsistent in many different legal
documents; secondly, the quality of administrative judgement cases in many localities is not high; thirdly, legal awareness and law enforcement organizations of relevant agencies in the enforcement of administrative judgement are still limited; fourthly, the
practice of applying specific mechanism in administrative judgement enforcement is
not thorough; fifthly, the state management on administrative judgement enforcement still has many shortcomings; sixthly, the monitoring of administrative judgement
enforcement is one of the judicial functions of the People's Procuracy at all levels but compared to civil judgement enforcement and criminal judgement enforcement, this function has not been properly concerned
In addition, the number of scientific works on administrative judgement enforcement, which was studied in the period of the Law on Administrative Procedures in 2015, is limited In most of the top law schools today, the content of administrative judgement enforcement is only integrated in the subject of Administrative Procedure Law
The study "Enforcement of judgement and decision of the Court on the current administrative cases in Vietnam" has been chosen as the topic for the Doctoral Thesis in Law regarding the above issues
2 Objectives and tasks of the research
2.1 Objectives of the research
Trang 4The thesis aims to build a scientific foundation to ensure the effective implementation of the Court's judgements and decisions in Vietnam today
2.2 Tasks of the research
(1) Clarify theoretical issues about administrative judgement enforcement; (2) Evaluate the current situation of law and practice of administrative judgement enforcement in Vietnam; (3) Determine the point of view and propose solutions to effectively ensure administrative judgement enforcement in Vietnam in the coming time
3 Object and scope of the research
3.1 Object of the research
- Theoretical issues and legal corridors of judgement enforcement in general and administrative judgement enforcement in particular in Vietnam
- Theoretical, legal and practical experience about administrative judgement enforcement of some countries in the world
- Data and reality of administrative judgement enforcement in Vietnam in general, especially in localities with high number of administrative judgement cases
- The Party's guidelines on judicial reforms, judgement enforcement in general and the work of administrative judgement enforcement in particular
3.2 Scope of the research
Regarding the content, the thesis studies basic issues of the law of
administrative judgement enforcement On that basis, it analyzes the legal situation and practice of law enforcement in Vietnam over the past time and proposes solutions to ensure the effectiveness of administrative judgement enforcement which meets the demand for judicial reform, building the socialist rule-of-law state
in Vietnam today
In terms of time, the dissertation has studied the provisions of administrative
judgement enforcement legislation since the Settlement Procedure Orders of administrative cases (1996) took effect (July 1, 1996); the evaluation data relating to administrative judgement enforcement, specifically handling and resolving administrative cases at the Court from 2010 to the end of 2018; proceeding and monitoring administrative judgement enforcement is statistics which were recorded nationwide from 2012 to the end of 2018, after applying the Law on Administrative Procedures in 2010 (from July 1, 2011) and after the Law on Administrative Procedures
in 2015 took effect (July 1, 2016)
Particularly, the data of forced administrative judgement enforcement of the Court and the control of administrative judgement enforcement were only collected
in 2 years of 2017 and 2018
4 Methodology and research methods
4.1 Methodology of the research
The thesis is based on the theoretical basis of Marxism-Leninism, Ho Chi Minh's thought, the viewpoint of the Communist Party of Vietnam on judicial
Trang 5reform, building a socialist law-governed state (Socialist) Since then, the thesis is conducted according to the following approaches:
- System approach
- Multidisciplinary, interdisciplinary approach
- History approach
4.2 Methods of the research
The thesis applies the following research methods:
- Methods of analysis and synthesis
- Legal comparison method
5 The new contributions of the thesis
Firstly, it is a comprehensive analysis of theoretical issues such as the
concept, and characteristics of administrative judgement enforcement It can be affirmed that the administrative judgement enforcement is a form of administrative
- judicial activity with more prominent administrative characteristics than judicial ones and plays a very important role in the organization and operation of the state apparatus, emphasizes the role of administrative judgement enforcement in controlling state power, especially between legislatures and law enforcement agencies; clarifies the mechanism of administrative judgement enforcement and the factors affecting the effectiveness of administrative judgement enforcement in terms of theory
Secondly, the thesis presents the provisions of current law of administrative
judgement enforcement stipulated in the Law on administrative violations in 2015 in terms of subjects, objects, procedures and measures to ensure administrative judgement enforcement It also points out the advantages and disadvantages of the current law of administrative judgement enforcement in the comparison with the provisions of the Law
on Administrative Procedures in 2010 and the law of administrative judgement enforcement of some countries in the world
Thirdly, the thesis assesses the practice of administrative judgement
enforcement activities in our country over the past time, especially during the period when the Law on Administrative Procedures in 2015 took effect This assessment is carried out with the following contents: results of resolving administrative cases at People's Courts at all levels compared with results of the administrative judgement enforcement; By evaluating the implementation of the above contents, the dissertation identifies the shortcomings and difficulties of the current administrative judgement enforcement in Vietnam and also analyzes the objective causes, subjective causes that affect the effectiveness of administrative judgement enforcement
Fourthly, the thesis sets out the points of views to ensure effectiveness of
administrative judgement enforcement, of which there is a view on ensuring the control of power in the organization and operation of the state apparatus The thesis proposes the following groups of solutions: a group of solutions to raise awareness about administrative judgement enforcement, a group of solutions to improve the law administrative judgement enforcement which emphasizes the building law of
Trang 6administrative judgement enforcement, the state management solutions on administrative judgement enforcement and some complementary solutions to the administrative judgement enforcement
6 Meaning of the thesis
The research results of the dissertation add theoretical issues about administrative judgement enforcement, contributing to unifying the awareness of concepts, characteristics and roles of the administrative judgement enforcement At the same time, it provides assessments of advantages and disadvantages of administrative judgement enforcement law since being established in the Vietnamese legal system up to the present time; provides and supplements scientific arguments into perfecting the law of administrative judgement enforcement and ensuring the effectiveness of judgement enforcement meeting the requirements of judicial reform, building a socialist law-governed state
The research results of the thesis contribute to raising the awareness of the subjects in the administrative judgement enforcement, mainly the state administrative agencies, authorities, officials and civil servants implementing public duties in the agency; People's Courts at all levels and administrative judges; Executive members working on administrative judgement enforcement: The People's Procuracy at all levels and the team of procurators who perform the function of supervising administrative judgement enforcement and related agencies and organizations The thesis can be used as a reference for administrative judgement enforcement agencies and its management agencies; State administrative agencies at central and local levels; training institutions in research, study and teaching about administrative judgement enforcement
7 Structure of the thesis
In addition to the introduction, conclusion, list of references, the thesis includes:
Chapter 1 Overview of the research
Chapter 2 Theoretical issues about the enforcement of court judgements and decisions on administrative cases
Chapter 3 Current situation of executing court judgements and decisions on current administrative cases in Vietnam
Chapter 4 Point of views and solutions to ensure the effective implementation of court judgements and decisions on administrative cases in Vietnam
CHAPTER 1 OVERVIEW OF THE RESEARCH 1.1 Overview of the research on the thesis topic
1.1.1 The study of theoretical issues
Firstly, it is listed below the group of research projects on judgement
enforcement in general, and administrative judgement enforcement in particular
which emphasizes the nature of judgement enforcement activities
Trang 7Assoc Dr Tran Dinh Hao (2003), ‘On judicial reform and judgement
enforcement issues from the perspective of the Civil Economic Law, State and Law
Journal, p.19-28; Nguyen Cong Binh, (1998), Some issues about administrative
judgement enforcement in drafting the Civil Procedure Code, Journal of Law No
5, p.43-44; Le Vinh Chau (2016), Executing judgements and decisions of the Court
on current dispute resolution in business and commerce in Vietnam, Doctoral
Dissertation, Academy of Social Sciences; GS Dr Vo Khanh Vinh (2013), Law on
Criminal Enforcement, Social Sciences Publishing House, Hanoi; Le Minh Tam
(2001), Trying to discuss theoretical issues about judgement enforcement, Journal
of Law No 2, p 21-22; Nguyen Thanh Thuy, (2008), Perfecting the Law on Civil
Judgement Enforcement in Vietnam today, Doctoral Dissertation, Ho Chi Minh
National Academy of Politics and Public Administration; Chu Thi Hoa (2016), Law
on Civil Judgement Enforcement in Judicial Reform in Vietnam, Doctoral
Dissertation, Academy of Social Sciences
Secondly, there are groups of research works on theoretical issues about
administrative judgement enforcement, especially about the nature of administrative judgement enforcement activities
Truong Hong Quang (2015), Concepts, nature, characteristics and
conditions affecting administrative judgement enforcement, Scientific Workshop
Documents, Experiences of some countries in the world and applicability in
Vietnam, Ministry of Justice, p.23-40 and Pham Xuan Nam (2012), Administrative
judgement enforcement in Vietnam - Current situation and perfect direction ",
Master thesis, Ho Chi Minh City University of Law; Nguyen Thi Thuong Huyen
(2012), Human rights guarantee in administrative judgement enforcement in
Vietnam, University-level scientific research project, Ho Chi Minh City University
of Law; Nguyen Thi Hoang Giang (2017), Policies and major orientations in
building the Law on Administrative Judgement Enforcement in Vietnam, General
Department of Justice (Ministry of Justice)
1.1.2 The study of practical issues
Firstly, the thesis studies a group of research works on the legal status and
practice of applying administrative judgement enforcement law in Vietnam in the period when the ordinance of administrative cases in 1996 and Law on
administrative procedures in 2010 took effect
Nguyen Van Tan, Administrative judgement enforcement and limitations, People's Deputies Newspaper, September 15, 2009; Vu Thi Hang (2012), Status of
implementation of administrative judgements, law development process and some basic contents of the Administrative Procedure Law on administrative judgement enforcement, Professional training materials of the administrative judgement
enforcement , implementation of civil part in criminal judgement and work construction and project management of the Ministry of Justice; Ha Minh Tuan,
Some opinions on administrative judgement enforcement, January 20, 2015,
Research and Exchange Section - Ministry of Justice; Tran Minh Giang,
Administrative judgement enforcement: Many shortcomings need to be remedied,
Trang 8Justice Report, May 10, 2015; Vu Thi Hang - Ly Thi Thuy Hoa (2015),
Administrative judgement enforcement in Vietnam, status and recommendations for improvement, Scientific Workshop Documents Experiences from some countries in
the world and applicability in Vietnam, Ministry of Justice, p 5-14; Tran Van Duy,
Inadequacies in the current law on administrative judgement enforcement, Journal
of Inspection No 3/2016, p 14-17; Hoang Diep, Win lawsuits - struggling to
enforce judgement, Tuoi Tre Newspaper, October 12, 2014; Ho Quan Chinh, Executing administrative judgements and decisions in Ho Chi Minh City - Difficulties and obstacles and some proposals ", Democracy and Law Magazine,
Thematic issues on administrative judgement enforcement ; Thu Hang, Financial
Assistance for judgement enforcement: The anxiety and the ignorance, Vietnam
Law Newspaper, May 19, 2008
Secondly, it can be listed below the group of research works on the status of
law and practice of applying administrative judgement enforcement law in Vietnam after the Law on Administrative Procedures in 2015 and Decree 71/2016 / ND-CP
took effect
Phan Tran Mai Phuong, (2016), Principles of equality of rights and
obligations in administrative proceedings, Master's thesis, Ho Chi Minh City
University of Law; Bui Ngoc Hoa, New contents of Administrative Procedure Law, Administrative Law Training Document; Vo Cong Hoang, New regulation in
enforcement of judgements, administrative decisions, Democracy and Legal
Review No 4/2016, p.62-64; Nguyen Van Thuan, Jurisdiction of the Court under
the Law on Administrative Procedures in 2015, Democracy and Law Magazine;
Truong Khanh Hoan, Mechanisms to enforce court judgements and decisions on
administrative cases in Vietnam and responsibilities of ministries, branches and localities in administrative judgement enforcement, General Department of Civil
Judgement Enforcement (Judicial); Hoang Thi Thuy Vinh, Phan Thi Thu Ha
(2017), Current situation and solutions to resolve administrative cases at the
Court, General Department of Justice (Ministry of Justice); Than Quoc Hung
(2018), The quality of adjudication of administrative cases of provincial People's
Courts in Vietnam today, Doctoral Dissertation, National Political Academy; Tran
Phuong Hong (2017), Monitoring administrative judgement enforcement and the
role of Civil Judgement Enforcement Agencies in monitoring administrative judgement enforcement, General Department of Justice (Ministry of Justice);
Nguyen Thi Kim Quy (2017), Law on administrative judgement enforcement and
the status of implementing court judgements and decisions on administrative cases
in Vietnam, General Department of Justice (Ministry of Justice); Department of
administrative judgement enforcement Ho Chi Minh City (2017), Difficulties and
obstacles on the law of administrative judgement enforcement from the perspective
of monitoring administrative judgement enforcement, General Department of
Justice (Ministry of Justice)
Thirdly, it is the group of research works on the status of law and practice of
applying administrative judgement enforcement law in some countries in the world
Trang 9Prof Martine Lombard and Prof Gilles Dumont, French Administrative Law
works; Tran Kim Lieu (2017), Administrative judgement enforcement in some countries in the world and lessons for Vietnam, General Department of Education
(Hanoi Law University); Ha Tu Cau (2015), Model of administrative enforcement
of France and its applicability in Vietnam, Scientific Workshop Documents
Experiences of some countries in the world and applicability in Vietnam; The
model of administrative judgement enforcement of England and Wales and the ability to apply the experience of England and Wales in Vietnam by Cao Xuan
Phong; Le Lan Chi and Do Thi Thu Hang, Researches on China's Administrative
Enforcement Model, Scientific Workshop, experiences of administrative judgement
enforcement of some countries in the world and applicability in Vietnam
1.1.3 Research on proposals and recommendations of the thesis topic
Firstly, the groups of researches on proposals and recommendations are
based on the current law and practice of law application in Vietnam
Most of the research works which analyze the reality of the law and practice
of the law of administrative judgement enforcement have certain proposals, but mainly the proposal to improve and complete the law of administrative judgement enforcement Therefore, other issues related to ensuring the effectiveness of administrative judgement enforcement in addition to completing the law are not clear and effective, especially ones in the period of the Law on Administrative Procedures in 2015 and Decree 71/2016 / ND-CP which took effect Most proposals and recommendations to ensure effective administrative judgement enforcement are immediate, yet the long-term development and stability have been somewhat limited
Secondly, the group of research works on proposals and recommendations is
based on the current law and practical application of administrative law in some countries in the world
Cao Xuan Phong pointed out that we should consider the State Compensation Law Author Ha Tu Cau proposed the establishment of an intermediary agency for settling administrative cases to reduce the load for administrative courts and limit the work of administrative judgement enforcement Author Le Lan Chi, Do Thi Thu Hang said that the model of administrative judgement enforcement in China has similarities that will create common points about judgement enforcement activities, especially administrative judgement enforcement
1.2 Evaluation of the research
1.2.1 The advantages and the research results that the thesis will inherit and continue to develop
- First, in terms of teory, most of the researches mentioned and analyzed the
theoretical basis of judgement enforcement in general and in the special case in particular, in which the contents of concepts, characteristics and meanings of the administrative judgement enforcement are quite specific
- Secondly, in terms of reality, the researches have evaluated and
Trang 10summarized both the law of the actual law and the implementation of this activity
in practice
- Thirdly, in terms of solutions, the majority of research works are aimed at improving the law of administrative judgement enforcement, especially some recent projects that have proposed amendments and supplements to the Law on Administrative Procedures in 2015 and Decree 71/2016 / ND-CP including contents relating to the adjudication of the administrative judgement cases
1.2.2 The issues that have not been mentioned, thoroughly addressed or arguments that the thesis must continue to study
- First, theoretically, the concept and definition of administrative judgement
enforcement has been mentioned in many research projects but there is no high agreement; secondly, the nature of judgement enforcement in general and the administrative judgement enforcement in particular has faced many conflicting views, even becoming contradictory and conflicting
Issues that have not been addressed: firstly, the works are generally stated only as a court judgement or decision on the administrative judgement enforcement; secondly, controlling state power is an important content to ensure the operational efficiency of the state apparatus and administrative judgement enforcement has not been mentioned by studies; Thirdly, the order and procedures for complaints and denunciations in the administrative judgement enforcement are
an important content but have not been discussed; Fourthly, the factors affecting the effectiveness of administrative judgement enforcement have not been worked out
- Secondly, in terms of reality, the legal status and practical implementation
of the Law on Administrative Procedures in 2015 have not been assessed thoroughly yet The reality of factors affecting the effectiveness of administrative judgement enforcement has not been mentioned
- Thirdly, in terms of solutions, there is only focus on assessing the legal situation or assessing the practical implementation of one or several subjects in the
case
1.3 The issues that need further researches in the thesis
1.3.1 Issues need that need further researches
Firstly, clarifying the viewpoint of the nature of administrative judgement
enforcement activities on the basis of convincing scientific evidence
Secondly, focusing on research, analyzing in theory as well as factors
affecting the effectiveness of administrative judgement enforcement
Thirdly, it is necessary to clarify the administrative judgement and decision
of the Court
Fourthly, analyzing the order and procedures of administrative judgement
enforcement which is associated with the responsibilities of relevant agencies
Fifthly, synthesizing and evaluating the advantages and disadvantages of
administrative judgement enforcement law in the period 2016 up to now, in comparison with the law of administrative judgement enforcement in the period of
Trang 111996 - 2016
Sixthly, determining the point of view, proposing solutions based the criteria
of ensuring feasibility and long-term work for administrative judgement
enforcement in Vietnam
1.3.2 Research questions and hypotheses
Question 1: What is the nature of administrative judgement enforcement activities? Question 2: What are the objects and subjects of the administrative
judgement enforcement and its procedures? Are there any factors that affect
operational efficiency? Question 3: What are the points of views to ensure the
effectiveness of administrative judgement enforcement in the coming time in
Vietnam? Question 4: In the current context, what solutions are suggested to
ensure effective administrative judgement enforcement in Vietnam?
Summary of chapter 1
Through the contents presented in Chapter 1, the thesis determines the necessity of selecting research topics, an overview of the research related to the topic and the issues that need further research
Overview of the project is based on a large number of researches works in the author's ability The thesis draws the advantages and research results that needs
to inherit and continue to develop At the same time, it is also emphasized that the issues that have not been thoroughly resolved need to continue further research
Chapter 2 THEORETICAL ISSUES ON THE JUDGEMENT ENFORCEMENT AND DECISION OF THE COURSE ON THE ADMINISTRATIVE CASE 2.1 Concepts, characteristics and roles of executing judgements and decisions of the Courts on administrative cases
2.1.1 Definition of enforcement of court judgements and decisions on administrative cases
In the current legal science, there are many different views on the nature of administrative judgement enforcement activities It is suggested that administrative judgement enforcement is a stage of the proceedings On the contrary, there are also opinions that administrative judgement enforcement are administrative-judicial activities The determination of administrative judgement enforcement is an independent procedural stage or that administrative-judicial activities have important implications for clarifying the nature of administrative judgement enforcement
According to the author, administrative judgement enforcement is not an independent procedural stage following the trial period In contrary, administrative judgement enforcement is both an administrative activity and a judicial element Therefore, administrative judgement enforcement, particularly, the enforcement of the Court's judgement or decision on administrative judgement enforcement can be understood as follows:
Trang 12Enforcing court judgements and decisions on administrative cases is the behavior of the involved parties in the administrative cases and related parties to realize the Court's judgements and decisions regarding the administrative cases according to the procedures prescribed by law This is not an independent administrative period but
an overall administrative-judicial activity
2.1.2 Characteristics of enforcement of court judgements and decisions on administrative cases
2.1.2.1 Administrative judgement enforcement is a field of judgement enforcement which is both voluntary and coercive
2.1.2.2 There is no specialized agency to implement the Court's decisions on the legality of the administrative decisions, administrative acts that are sued 2.1.2.3 The contents of the administrative judgement enforcement objects are different from the civil judgement enforcement and criminal judgement enforcement
2.1.2.4 Administrative judgement enforcement is a complicated and sensitive sector due to the characteristics of the sued person in the administrative cases
2.1.3 The role of executing court’s judgements and decisions on administrative cases
2.1.3.1 Administrative judgement enforcement contributes to ensuring the value of trial activities of administrative case at the Court
2.1.3.2 Administrative judgement enforcement contributes to the process of protecting and developing human rights
2.1.3.3 Administrative judgement enforcement enhances the legal awareness
of all agencies, organizations and individuals
2.1.3.4 Administrative judgement enforcement contributes to improving the performance of state management and state administrative management
2.1.3.5 Administrative judgement enforcement contributes to ensuring the control of state power between judicial authorities and law enforcement agencies
2.2 Subjects, objects and procedures for enforcement of court’s judgements and decisions on administrative cases
2.2.1 Subjects of enforcement of court’s judgements and decisions on administrative cases
2.2.1.1 Direct subjects who execute administrative judgement
Although the structure of power, the legal system and socio-economic conditions vary among countries, the involved parties or the subjects directly enforcing the judgement always include:
- The person who executes the judgement
- The person who was enforced with the judgement
2.2.1.2 Subjects required to enforce administrative judgement
- People's Court
- System of Civil Judgement Enforcement Agencies
2.2.1.3 The subject of implementing administrative judgement enforcement
Trang 13- The Government
- The Ministry of Justice
2.2.1.4 The subject of supervising administrative judgement enforcement
- The People
- Vietnam National’s Assembly
- The People's Council
2.2.1.5 The subject of examining administrative judgement enforcement
2.2.2 Subjects of enforcement of court judgements and decisions on administrative cases
2.2.2.1 Court judgements on administrative cases
The administrative judgement contains information about a specific administrative case, the applicable law, conclusions and decisions of the Court on the grounds of the legality of the administrative decisions, such as forced resignation, decisions to resolve disputes and lists of voters being sued Administrative judgements include first-instance administrative judgements and appellate administrative judgements
2.2.2.2 Court’s decision on administrative cases
A decision of a court is a court document in the proceedings in which the administrative procedure is used to publish an event or solve a specific problem or requirement; issued by the authorized entities and regulated by the administrative law in each stage of handling a specific administrative case
2.2.3 Procedures for enforcement of court judgements and decisions on administrative cases
(1) Transfer and explain court’s judgements and decisions
(2) Voluntarily enforce the sentence
(3) Forced enforcement of the sentence
2.3 Factors affecting the enforcement of court’s judgements and decisions on administrative cases
2.3.1 Policies, views, political awareness of administrative judgement enforcement
Administrative judgement enforcement has always been one of the important activities of the state apparatus even though it builds a multi-party or one-party political system Through the leadership of the state and society, we can see the clear impact of the political party on the policy and point of view on the activities
of the administrative judgement enforcement
2.3.2 Completion of law on administrative judgement enforcement
In the rule of building law-based state, the stability of the legal system is an important factor Therefore, the perfection of the law in general and the law of administrative judgement enforcement in particular should be done carefully and appropriately because the completion of the law will significantly affect the national budget and the stability of the legal regulations which govern the related social relations