Essay Topic:Study On The Standards For The Determination Of Administrative Organs’ Illegal Performance Of Duties In Administrative Public Interest Litigation

Since the public interest litigation was launched in July 2017,administrative public interest litigation system has played a huge role,especially in the aspect of urging the administrative organs to perform their duties and take the initiative.However,they know each other differently in judging whether the administrative organs perform their duties according to law.At present,the administrative organ does not perform its duties according to law,which is not only a controversial issue in the judicial practice,but also an important defect of the current administrative public interest litigation system.It is difficult to express it clearly for there is no relatively clear and normative concept.However,sets up a reference standard,so as to promote the self inspection is of great significance.This paper selects 102 judgments made by the court in 2020,supplemented by some guiding cases and typical cases issued by the Supreme People’s Procuratorate.The thesis is divided into five parts:the first part discusses the division of administrative organ who fails to perform its duties according to law and the relevant concepts,and analyzes the practical arguments and reasons;the second part makes a decision on the court in 2020;the third part is compared with empirical analysis results.