CAJ | 학술논문

行政给付诉讼伴随着给付行政的兴起而出现，它可以克服传统行政诉讼之不足，应对新型行政纠纷，为公民公法给付请求权提供无漏洞之司法保护。作为一种兜底性诉讼，它可根据不同标准划分为不同形态。区别于其他行政诉讼类型，行政给付诉讼在诉讼要件以及审判上有其特殊的规则与制度。
행정급부소송반수착급부행정적흥기이출현，타가이극복전통행정소송지불족，응대신형행정규분，위공민공법급부청구권제공무루동지사법보호。작위일충두저성소송，타가근거불동표준화분위불동형태。구별우기타행정소송류형，행정급부소송재소송요건이급심판상유기특수적규칙여제도。
Administrative supply litigation appears with the rise of supply administration, which overcomes the defects of traditional administrative litigation, copes with the new-style administrative disputes, and provides the comprehensively judicial protection for the civil fight of claim for supply in the public law. As a litigation that involves all the details, the administrative supply litigation that is different from other types of administrative litigation can be divided into the different litigation types according to the different standards, which has the special rules and institutions in term of the litigation essential and trial judgment.