| With the development of modern administrative concept and the enhancement of people’s consciousness of safeguarding their rights,the cases of non-fulfillment of legal duties appear a high trend in administrative litigation.The failure of administrative organs to perform their statutory duties is often concealed and causes more serious damage to the people than other administrative acts.Therefore,it is an important task of the modern administrative procedure law to promote the active performance of legal duties by administrative organs,an important way to safeguard the legitimate rights and interests of the people,and an important measure to realize the rule of law.Although China’s Administrative Procedure Law and its judicial interpretation have stipulated the conditions of prosecution,the scope of accepting cases and the way of adjudication for cases that do not perform statutory duties,there are still many problems in the specific application process.Such as three different cases are listed in this paper from the side reflects nonperformance legal responsibility in case definition,the path of the plaintiff qualification,hearing problems,reflect the administrative organs at the same time did not attach enough importance to this kind of case,performance as heavy entity light procedure,lack basic legal knowledge,to appear in court litigation rate is not high.Based on the above problems,combined with the current legal provisions,this paper begins to write five parts from the introduction,the basic situation of the case,the legal analysis of the failure to perform the statutory duty,the case analysis and conclusion,and the related thinking caused by the failure to perform the statutory duty.The introduction part mainly introduces the background,research status and research ideas of this paper.The basic situation of the case is the selection of three judicial cases,and respectively to the existing divergent opinions and the focus of the dispute is expounded;The legal analysis of the non-performance of statutory duties focuses on the case of the non-performance of statutory duties,the determination of the adjudication standards of the cases of non-performance of statutory duties,and the identification of the informant’s plaintiff qualification in the cases of non-performance of statutory duties.The case analysis and conclusion part analyzes the controversial focus of the case one by one and draws a conclusion;Finally,in the related thinking part,four problems are discussed one by one,including unclear definition of legal concept in cases that do not perform legal duties,inconsistent ideas of trial,imperfect standards for identifying the interests of the informant,and insufficient awareness and ability of administrative organs to fulfill their duties.Suggestions are put forward to solve the above problems.It is hoped that it will be helpful to improve the trial of cases that do not perform statutory duties and improve the ability of administrative organs to fulfill their duties according to law. |
