Research On Non-performance Of Legal Duties In Administrative Public Interest Litigation

The administrative public interest litigation means that when the public interest is damaged due to the administrative organ’s illegal performance or non-performance of statutory duties,the procuratorial organ can bring the administrative public interest litigation against the administrative organ to protect the public interest.This regulation has broken the "two constant" way of litigation all the time,and has the historical significance of legal progress.Since the promulgation of the Law on Administrative Public Interest Litigation in 2017,the number of related cases has been increasing,among which the cases of administrative organs failing to perform their statutory duties account for a large proportion.However,in the law,the judgment standard and constitution requirements of administrative organs’ failure to perform statutory duties are vague,and there is also a lack of uniform identification standard in judicial adjudication,which is inconsistent in the trial benchmark.In the existing research results,there is a serious shortage of attention and discussion on the definition of the scope of responsibility,the calculation of the term of performance,and the selection of judgment criteria.Causes the administrative public interest litigation to realize the supervision administrative organ,the safeguard public interest function on the discount greatly.The study of the administrative organ’s failure to perform the statutory duty in the administrative public interest litigation is of great importance to the development and perfection of the administrative public interest litigation system and the protection of the public interest.Administrative public interest litigation provides a strong legal support for procuratorial organs to protect public interests.How to perfect the system of administrative public interest litigation to ensure that administrative organs perform their legal duties is an important proposition for the development of administrative public interest litigation.Based on this,this paper carries out a study on the failure of administrative organs to perform statutory duties in administrative public interest litigation.Starting from the basic concept,this paper explores the special causes of the failure of administrative organs to perform statutory duties in administrative public interest litigation by means of horizontal comparison and vertical digging,and summarizes the practice experience by combining the current research situation at home and abroad.Through the existing legal provisions and cases,this paper analyzes the problems of not performing legal duties in administrative public interest litigation.In view of the above-mentioned problems,combined with laws and guiding cases,this paper puts forward feasible suggestions,explores the solution path to the problem of administrative organs not performing statutory duties in administrative public interest litigation,and improves the administrative public interest litigation system.