| 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. |
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