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新修正的《行政诉讼法》第73条正式增设了一般给付判决,规定法院经审理查明被告依法负有给付义务的,判决被告履行给付义务。本文结合司法实践并从解决审判实际问题的角度出发,对一般给付判决的适用范围、原告主体资格、举证责任分配、审查重点等问题逐一分析,力求为审理该类案件所涉及的法律适用问题提供一个较为完整的样本和参考。
Article 73 of the newly amended Administrative Procedure Law formally added a general payment judgment, which stipulates that the court shall, after hearing the case and ascertaining that the defendant has the obligation to pay in accordance with the law, award the defendant the obligation to perform his payment. Combining with the judicial practice and from the angle of solving the actual trial, this article tries to analyze the applicability of the general judgment, the qualification of the plaintiff, the distribution of the burden of proof and the focus of examination one by one, trying hard to provide legal application for the trial of such cases A more complete sample and reference.