On The Determination Of Failure To Perform Legal Duties In Administrative Public Interest Litigatio

Administrative organs exercise power according to law is not only the due meaning of establishing a government ruled by law,but also an momentous part of building a country.Failure to perform statutory duties is the precondition for procuratorial organs to initiate lawsuit for commonweal of administrator and the focus of disputes in judicial decisions.The formation of unified standards and positions for administrative organs,procuratorial organs and judicial organs is conducive to promoting the benign operation of administrative power,procuratorial power and judicial power,and to better exert the supervision efficiency of administrative procuratorial organs.However,due to the unclear concept of non-performance of statutory duties and the neglect of the procedural value of procuratorial recommendations,there are major differences in failing to perform statutory duties in practice.Litigation functions.Only by making the identification of non performance of legal duties specific and procedural and consolidating the basis for the fulfil of duties by administrative organs can we promote the operation of lawsuit for commonweal of administrator on the track of legalization and standardization.Except the preface and epilogue,this paper has four parts.Firstly from the perspective of legal theory,expounds the relevant concept analysis and basic theory of failing to perform statutory duties.Lawsuit for commonweal of administrator system is an important proposition and powers of administrative organs by law.The second part makes an empirical analysis on the types and defenses of failling to perform the statutory duties of lawsuit for commonweal of administrator.The types include failure to reply to the inspection recommendation on time,reply but failure to perform duties,and failure to fully perform duties.The reasons for defense include four situations: exceeding the statute of limitations,not falling within the scope of duties,first criminal and then administrative,and new reasons for obstruction.The third part studies the defects in defaulting the duties in my country’s lawsuit for commonweal of administrator,which gives mainly expression to three aspects: defects in the determination of subjects who fail to perform statutory duties,the contents of which are not clear and inconsistent determination standards.The fundamental reasons for the above-mentioned defects in my country’s lawsuit for commonweal of administrator are the unclear provisions of relevant laws,the neglect of the procedural value of procuratorial recommendations,and the one-sided determination of failure to perform statutory duties.The fourth part is to improve the determination of non-compliance with legal obligations of lawsuit for commonweal of administrator.The identification of subjects who do not perform statutory duties is improved from the perspectives of refining the relevant provisions for identifying subjects with supervisory and management responsibilities and judging qualified subjects based on the performance requirements of specific cases.By judging the attributes of the procuratorial suggestions and standardizing and improving the list of rights and responsibilities,clarify the content of non-performance of statutory duties.Use the subjective and objective dual-level identification and the substantive legality review standard of behavior plus result to unify the identification standard,in order to improve the lawsuit for commonweal of administrator does not perform the legal responsibility of the identification.