"行政法上金钱给付义务"纠纷的裁决机制

"行政法上金钱给付义务"包括公民所负的公法上金钱给付义务和政府所负的行政法上金钱给付义务两类。在这些纠纷的法律解决机制中,与相对人权益保护紧密相关的三个关键性制度应该得到进一步的完善:一是积极扩展公民法律上请求权的范围;二是完善各类救济制度中的裁判机制和强制措施,比如行政给付诉讼中的权利保障措施和判决类型;三是改进各类生效法律文书的执行制度,比如行政赔偿金的强制执行。

Judgment in Cases of Money Paid on Administrative Law

The obligation of money paid on administrative law has two kinds of situations.One is the money paid by citizens,the other is that paid by the government.The key to its realization lies in three aspects: First,the expanding people's rights of claim;Second,perfecting judgment mechanism and preservative measures of various relieving systems such as the regulations and judgmental types for the guarantee of personal rights in litigation process of money paid on administrative law;Third,improving the measures of...