A Research On The Right Of Claim For Administrative Supply And Judicial Remedies

With the transformation of national functions and the promotion of the status of administrative compensation in the administrative rule of law,the proportion of citizens' right to claim administrative benefits in the system of citizens' public law rights is increasing day by day.At the same time,a citizen may request an administrative organ to act or not to act in order to obtain certain rights and interests.With the gradual establishment of a service-oriented government in China,As the most important right of administrative payment,the right to request for administrative payment needs to be confirmed by law and guaranteed by judicature.In this paper,the author studies the right to claim for administrative benefit as a public law right,first of all,it summarizes and discusses the basic theory of the right to claim for administrative benefit,begins with the theory of public law right,and analyzes the right of claim in administrative law.Further study on the concept,nature,type,content,foundation and legal confirmation of the right to claim for administrative payment,and finally settle down to the judicial relief of the right to claim for administrative payment.It is concluded that there are some shortcomings in the protection of the right to claim for administrative payment in our country at present: the way of confirmation of the right of claim for administrative payment in our legislation is mostly indirect confirmation,which needs to be explained and deduced by law before we can come to a conclusion.In the current law,it has not been established that a clear type of litigation and judgment is directly corresponding to the right of claim for administrative payment,which is not conducive to the effective remedy of the right by judicial activities.This paper puts forward some suggestions on the protection of the right to claim for administrative payment from the two aspects of legislation and judicature.First,in the aspect of legislation,the right to claim for administrative payment should be gradually brought into the legal protection system,and the legal basis for the protection of the right should be perfected.Only in accordance with the explicit provisions of the law can the administrative organs also take positive measures to satisfy the realization of citizens' rights.Second,in the judicial aspect,more comprehensive and effective judicial relief should be provided,and administrative proceedings should be typed as soon as possible.Further improve the performance of statutory duties and general payment of judgments and othertypes of judgments.In addition to the introduction and conclusion,this paper consists of four parts:The first part,combing the basic theory of public law rights and the protection and development of public law rights in the constitution.First,from the perspective of comparative law,taking the social changes of state administration as the main line,The background and development of the theory of rights in public law are comprehensively combed.Secondly,with the constitutional provisions of our country as the starting point,combined with the current academic research point of view on the theory of rights in public law,This paper summarizes the constitutional guarantee of the right of public law in our country.The second part,analyzing the connotation,type and content of the right of claim for administrative payment.Firstly,it summarizes the origin of the concept of claim in private law and the introduction of the right of claim in administrative law.Combined with the classification of claim right in private law,the author classifies the claim right in administrative law.Secondly,combined with the basic theory of administrative law,the concept and legal attribute of claim right for administrative payment are defined.According to the content of the claim right of administrative payment,this paper classifies the claim right of administrative supply,and clarifies the right content of the claim right of administrative supply with administrative relief as the starting point.The third part,the author studies the basis and legal confirmation of the right to request for administrative payment.Based on the legal attributes of the right of claim for administrative payment,the author classifies and analyzes the five bases and bases of the right of claim for administrative payment.This paper discusses the relationship between the right to claim for administrative payment and the principle of legal reservation,and the types of administrative right of payment of which the principle of legal reservation is applied,and summarizes the legal norms of the right of claim for administrative payment in our country at present.It analyzes the problems existing in the legislative protection.The fourth part,discussing the judicial remedies protection of the right to claim for administrative payment.According to the principle of procedural law,it analyzes the relationship between the right of claim for administrative payment and the guarantee of right of action,and takes the content of the right of claim for administrative payment as the starting point.This paper probes into the choice of litigation types of administrative relief,andanalyzes the application of administrative payment litigation judgment based on article 72 and article 73 of the Administrative procedure Law,with emphasis on the application of the judgment to perform the statutory duties and the judgment of general payment.And put forward the shortcomings of the current judgment system and improve the proposal.