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我国现行《行政诉讼法》对于给付诉讼受案范围的列举式规定过于狭窄,概括式规定又过于抽象,难以全面涵盖日益多元化的行政给付争议,司法实践中超越给付诉讼受案范围列举式规定的情况又过于杂乱、难成体系,而在理论层面对给付诉讼类型化研究亦未能深入和成形。因此,必须从理论和实践上完善我国给付诉讼受案范围。本文认为,厘清给付诉讼的受案范围,首先需要明确给付诉讼的基本概念及其在诉讼类型中的地位和作用、与其他类型诉讼的界限。文章从财产给付之诉和非财产给付之诉受案范围的完善以及给付请求权基础的审查规则三个方面阐述了我国给付诉讼受案范围在具体制度层面的改进方向。
The current Administrative Procedure Law in our country is too narrow for the enumeration of the scope of the lawsuit for the payment of benefits and the abstract rules are too abstract. It is difficult to fully cover the increasingly diverse controversial administrative disputes. In the judicial practice, The situation is too messy and difficult to form a system. However, the theoretical research on the type litigation of payment litigation has not been conducted in depth yet. Therefore, we must perfect the scope of accepting the lawsuit in our country theoretically and practically. This paper argues that to clarify the scope of acceptance of a litigation, we must first clarify the basic concept of litigation and its position and role in the type of litigation and the boundaries between litigation and other types of litigation. The article elaborates the improvement direction of the scope of accepting the litigation in our country from the three aspects of the perfection of the scope of accepting the right to pay and the non-property right, as well as the examination rules of the basis of the right of payment.