Judicial Determination Of Administrative Organs Failureto Perform Their Duties In Public Interest Litigation

The failure of administrative organs to perform their duties according to law is the basis for organs to file claims in administrative public interest litigation and the premise and basis for obtaining the support of court decisions.The judicial determination that administrative organs do not perform their duties according to law has become an unavoidable key issue in administrative public interest litigation and plays a very important role in the operation of administrative public interest litigation system.However,in the study of the relevant administrative public interest litigation judgment,it is found that the judgment standard of the administrative organ’s failure to perform its duties according to law and the content of the administrative organ’s duties according to law are vague in the practice of public interest litigation,the lack of clear and unified judicial recognition standard in judicial adjudication,and the unreasonable stipulation of the legal time limit for the administrative organ to perform its duties according to law in the relevant laws of administrative public interest litigation.The following measures should be taken to improve the judicial determination that the administrative organs do not perform their duties according to law in public interest litigation: first,to clarify the contents of the duties that the administrative organs should perform according to law in public interest litigation;second,To clarify that administrative organs do not perform their duties according to law should apply the double standard of "behavior process result state ";third,to extend the time limit for administrative organs to perform their duties according to law.To urge administrative organs to perform their duties according to law and to protect the interests of the state and the public.