On The Scope Of Application Of Administrative Payment Judgments

With the rise of the "best government,maximum payment" concept,various forms of executive power have changed.From the previous intervention of administrative and order administration to the payment of administrative and welfare administration,the functions of the administrative organs have changed from single intervention to active payment,and administrative functions have shown a diversified trend.China's Administrative Litigation Law,which was implemented on May 1,2015,made an institutional response.Article 73 of the Act added a new type of judgment — the payment judgment,which enriched the judgment types of administrative litigation in China.It is not only beneficial to realize the thoroughness and permanence of civil rights relief,but also to regulate the administrative payment behavior of administrative organs.However,Article 73 of the Act does not clarify the scope of application of the payment judgment.In the formulation of the provision,only the “identification of the defendant's legal obligation to pay” is used to stipulate the payment judgment.Article 23 of the Interpretation of the Supreme People's Court on the Application of Certain Issues in the Administrative Procedure Law of the People's Republic of China,which was implemented on May 1,2015,and the Supreme People's Court on the application of the People's Republic of China on February 8,2018.Article 92 of the Interpretation of the Litigation Law provides for the scope of application of the judgment: “Fulfillment of the payment of pension,minimum living guarantee or social insurance benefits”,clarifying that the payment judgment can be applied to these three types of property payments.It seems to expand the scope of the object,but because the "legal" and "" payment obligations are not clearly explained,it limits the scope of application of the judgment.The disconnect between theory and practice will cause the people's courts to be confused when applying the specific payment judgment,increasing the uncertainty of the judicial system.Therefore,it is necessary to re-define the scope of application of the payment judgment.This paper analyzes the connotation and scope of the judgment,and combines the cases in the judicial practice to analyze the scope of application of the payment judgment.The purpose is to provide the new judgment type in which the judgment should be used as the basis for judgment in judicial practice.Reference and reference.This article consists of five parts.The first part is the introduction,which mainly introduces the background and significance of the topic,the research status at home and abroad,and introduces the innovation and inadequacies of this paper.The second part starts with the rise of the payment administration and clarifies the nature and function of the judgment.By classifying the administrative agency's obligation to pay,it is divided into two categories: active as payment and negative inaction.At the same time,the source of the payment obligation is analyzed,and the source of the payment request is divided into legal-based regulations and laws.Recognition.In the third part,the author searches the case on the Chinese refereeing documents according to certain conditions.Through the analysis of the case,the author gives the status quo of the administrative payment judgment in judicial practice,and analyzes the problems existing in the current situation.The fourth part puts forward suggestions on the problems existing in the judicial practice,establishes a special type of administrative litigation,and expands the scope of application of the judgment by means of guiding cases and judicial interpretation.