论文部分内容阅读
我国台湾地区1998年修订的《行政诉讼法》,增加了“行政给付诉讼”这一新的诉讼类型,在十多年的司法实务中,形成了两种基本类型即课予义务诉讼和一般给付诉讼,两种不同给付诉讼其范围和起诉要件也各不相同。我国大陆虽然事实存在行政给付诉讼,但受案范围狭窄,也没有类型化。为维护公民权利,扩大司法审查力度,有必要移植行政给付诉讼,并重构行政诉讼类型。
The “Administrative Procedure Law” amended in 1998 in Taiwan of our country has added a new type of litigation such as “Administrative Payment Litigation”. In the more than 10 years of judicial practice, two basic types have been formed: litigation and General pay litigation, the scope of the two different types of litigation and the elements of the prosecution are also different. Although there is a fact that there is administratively paid litigation in mainland China, the scope of the case is narrow and there is no typeization. In order to safeguard civil rights and expand the judicial review, it is necessary to transplant administrative proceedings and reconstruct the types of administrative proceedings.