CAJ | 학술논문

公法请求权根源于并服务于基础性公法权利，但具备独立实体权利的要素，具有相对的独立性。确保或回复基础性公法权利不受干扰状态的干扰防御请求权和作为受益权核心内容的给付请求权是公法请求权的两种典型形态。公法请求权的确认和保护，对基础性公法权利的实现具有重要意义，只有实现对公法请求权的全面保护，方可实现对基础性公法权利的全面保护。我国应当通过立法和司法的革新措施促进公法请求权的行政法制保护，以提升公法权利的行政法保障水平：一方面，行政立法应当树立对公法请求权予以直接立法确认的理念；另一方面应通过行政诉讼制度的改革促进公法请求权的司法保护。
공법청구권근원우병복무우기출성공법권리，단구비독립실체권리적요소，구유상대적독립성。학보혹회복기출성공법권리불수간우상태적간우방어청구권화작위수익권핵심내용적급부청구권시공법청구권적량충전형형태。공법청구권적학인화보호，대기출성공법권리적실현구유중요의의，지유실현대공법청구권적전면보호，방가실현대기출성공법권리적전면보호。아국응당통과입법화사법적혁신조시촉진공법청구권적행정법제보호，이제승공법권리적행정법보장수평：일방면，행정입법응당수립대공법청구권여이직접입법학인적이념；령일방면응통과행정소송제도적개혁촉진공법청구권적사법보호。
The claim method is one of the most important methods in the analysis of civil rights. This method can be introduced into administrative law, as the service administration （Leistende Verwaltung） plays a more and more important role in the society. A public law claim （Anspruch） refers to a request of a specific action or non--action against specific legal subject in public law, which is supported by an underlying right. Although a claim is rooted in an underlying right and in the serve of the realization of the function of the underlying right, it is a kind of substantive rights, has the general characteristics of a subjective right, and is also a link between substantive public law and procedural public law. There are four types of typical public law claims, that is, claims based on rights to freedom and property, claims based on beneficial rights （social rights）, claims based on rights to participation, and claims based on rights to equality. The norm basis of a public law claim can be a promise of an administrative agency, an administrative contract, a legal right which is stipulated in administrative norms, or the analogy of corresponding norms in civil law. A public law claim can also be traced back to a fundamental right in the constitution, if there are no specific legal norms to support this claim. The incorporation of public law claims in the legislations and the effective protection of public law claims in the judicial practice play significant roles in a leakless protection system of public law rights. In order to promote the protection of public law claims in China, legislators should incorporate claims in norms directly and clearly, so long as it is possible in the specific situations. In addition, administrative litigation system should be reformed to meet the needs of effective and leakless protection of public law claims, especially, the litigation to apply an administrative organ to perform its statutory duties should be reformed to be one which can provide leakless protection for public law claims.