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公法上财产给付诉讼作为一般给付诉讼的亚种,对相对人社会权保障有着非同寻常的意义。我国公法上财产给付诉讼程序标的过于狭窄、程序缺失,且实体法的规定与程序法不相协调,这无疑限制了相对人诉权行使的可能性。因此,只有通过公法上财产给付诉讼的确立,并对程序标的进行适当调整,才能从根本上解决我国现行公法上财产给付诉讼所遭遇的难题,推进行政法治的进程。
As a subspecies of common lawsuit, the public property lawsuit litigation has extraordinary significance for the protection of relative social rights. In our country, the object of property lawsuit on public law is too narrow and the procedure is missing, and the stipulations of the substantive law and the procedural law are not in harmony, which undoubtedly limits the possibility of relative people ’s right to action. Therefore, only through the establishment of public lawsuit for the payment of property rights and the proper adjustment of the subject matter of the procedure can we fundamentally solve the problems encountered in the current property lawsuits in public law and promote the progress of administrative law.