Research On Administrative Benefit Judgments

The revision of the Administrative Procedure Law has added the types of administrative payment judgments,and in terms of the types of judgments,administrative payment judgments,administrative formation judgments and administrative confirmation judgments constitute a complete system of administrative judgments,so that the national administrative litigation judging mechanism is becoming more and more perfect.The determination of administrative payment judgments in China is determined by the internal demand of the judgment system,which is used to overcome the chaos of unclear division of labor among various judgments and the lack of payment judgments in judicial practice.China’s administrative judgment of payment has structural characteristics,which is different from Japan’s revocation judgment center model and Germany’s payment judgment pocket model.When discussing the judgment of payment,it is necessary to analyze its specific composition,scope of application,conditions of application,rules of application,and effect of judgment within the existing global normative model and in line with the characteristics of the existing trial type structure in China.The purpose of this article is to clarify the positioning of the general judgment of payment in China’s judgment system and the basic rules for its effectiveness,so as to realize a clear definition of the general judgment of payment and the basic rules for its effectiveness.The purpose of this article is to clarify the position of general judgment of payment in China’s judgment system and the basic rules of its effectiveness,so as to realize the clear application of general judgment of payment and effectively cooperate with other types of judgment.The main part of this paper is divided into five parts.The first part discusses the basic theory of administrative payment judgment,starting from the development history of administrative payment,clarifying the meaning of administrative payment through the discussion of the relationship between administrative payment judgment and litigation and the obligation of administrative payment,and determining that the administrative payment judgment discussed in this paper refers to the general adminstrative payment judgment in the broad category of administrative payment judgments(referred to as administrative payment judgment).Through clarifying the relationship between administrative payment judgment and administrative revocation,confirmation and fulfillment judgment,and discussing the cooperation with formation judgment and confirmation judgment,as well as the division of labor and cooperation with fulfillment judgment within the same judgment category,the positioning of administrative payment judgment in the whole judgment system is determined.Finally,comparing with overseas experience and combining with the characteristics of China’s trial system,the "positive-negative" dichotomy was determined,taking the way the administrative organ made the judgment as the criterion for classifying the types of administrative payment judgments,and classifying them into two major categories:positive and negative administrative payment judgments;and positive and negative administrative payment judgments.Administrative payment judgments are divided into two categories:positive administrative payment judgments are divided into property-type administrative payment judgments and non-property-type administrative payment judgments;negative administrative payment judgments are divided into stop-acting judgments and preventive non-acting judgments.The second part is organized around the scope of application of administrative payment judgements.The scope of application of the judgment solves the problem of the respective fields of application of different types of judgments.Through the scope of application of administrative payment judgment at home and abroad existing views,China’s old and new administrative procedure law related to the evolution of the legislative process,to explore the legislative intent of administrative payment judgment.At the same time,through the judicial practice in recent years,the application of administrative payment judgment of the relevant case collection and samp ling,the data of the ratio value,the category of the ratio of the study,concluded that the administrative payment judgment continues to broaden the scope of the protection of the rights of the plaintiff,and continue to broaden the scope of the source of the obligation of the administrative payment.The trend is towards a moderate expansion of the scope of application of administrative payment judgments,which will play a necessary role in forming a unified and efficient judgment system in cooperation with other judgment methods.The scope of application of positive and negative payment judgments was discussed and the scope of application of positive payment judgments was determined to be money,goods and factual acts.The scope of application of the stop payment judgment is the factual act of disclosing information related to individuals,the factual act of harming personal rights and other types of factual acts,the factual act of infringing on the right to property,the factual act of social management that causes public harm and the act of administrative guidance,and the scope of application of the judgment of preventing inaction payment is the factual act of threatening the fundamental rights of citizens,the factual act of threatening the disclosure of information,such as private privacy,commercial secrets,and the act of threatening the formulation and promulgation of normative documents,and the enactment and promulgation of threatening normative documents.The third part discusses the conditions for the application of administrative awards.It explores the specific conditions under which a court may issue a judgment for payment.This section distinguishes and categorizes the conditions for a lawsuit and the conditions for a judgment(the conditions for success)by discussing the differences between the two.For example,the conditions for a suit for payment include the plaintiffs right to sue,while the conditions for the application of a judgment for payment include the plaintiff’s right to claim payment,which is a different right at different stages of the litigation.In this paper,the application conditions of positive payment judgment should include:the conditions related to the defendant(the defendant has the obligation to pay,the defendant does not fulfill the obligation to pay,the defendant fails to perform the obligation without justifiable reasons),the conditions related to the plaintiff(the existence of the plaintiff’s right to payment,the plaintiff rights and interests of the fact of damage),the court’s judgment of payment is still meaningful(the necessity of the judgment of the relief)and the time of the decision is ripe for the four conditions.The conditions for a judgment of cessation of action in a negative judgment are:the plaintiff has the right to claim,the fact that the plaintiff’s rights and interests have been damaged,the continuation of the damage to the plaintiff’s rights and interests,the defendant’s action exceeded its authority,the defendant’s action was procedurally illegal,the defendant’s action has caused damage to the rights and interests of the counterparty,and the benefit gained by a judgment of cessation of action is proportional to the loss of the counterparty’s rights and interests.The conditions for the application of the judgment of preventive non-action are:the plaintiff has the right to claim for preventive obstruction defense.The conditions for the application of the judgment of preventive omission are:the plaintiff’s right to preventive obstruction,the necessity to protect special rights,and the lack of other remedies.Part Ⅳ discusses the rules applicable in the process of rendering an administrative award.This part is concerned with the special rules that can be applied in the process of rendering an administrative award.These rules are "objective facts" and "rules of thumb" that can directly affect whether the judgment can be made,or determine the specific content of the judgment,which is particularly important for the mature application of China’s administrative payment judgment.Such as the temporary rights protection rule,judgement base time judgment rule.Positive administrative payment judgment and negative administrative payment judgment of the temporary rights protection rule for the first execution rule and stop execution rule.Positive administrative payment judgment should follow the principle of "entity from the benefit,the procedure from the new";negative administrative payment judgment of stopping as the judgment of the judgment of the judgment of the judgment of the time of the main act,to the judgment of the time of the main,preventive failure to act as the judgment of the judgment of the time of the judgment of the time of the judgment of the time of the judgment of the time of the said should be used.Part Ⅴ focuses on the legal effect of administrative payment judgments.The administrative payment judgment has condensed the legislator’s professional consideration of practical work,which not only contains the demand for the relief of the relative’s rights and interests,but also contains the original purpose of substantive resolution of disputes and controversies.According to the characteristics of the administrative payment judgment,the plaintiff only needs to have the right to request payment,the right to request restitution,the right to request alternative payment,the right to request the elimination of adverse consequences,and so on and does not need to form or change the rights and obligations or legal relations.Therefore,the article from the administrative payment judgment of res judicata,constraints on the behavior of administrative organs,as well as as the administrative payment judgment as a unique effect of the implementation of the three aspects of the effectiveness of the discussion.