Identification Of "Failure To Perform Duties According To Law" In Administrative Public Interest Litigation

In our country,the identification of the administrative agency’s "illegal performance of responsibility" is a condition for the transfer of administrative public interest litigation to the pre-litigation procedure.In the existing laws and regulations,the system stipulates that the system is not clear,and the judicial practice is still in the exploration stage,which has led to the dual lack of theoretical and practice.Therefore,it is necessary to improve the identification of "unrealistic responsibilities in accordance with the law".The identification of the administrative organs’ "responsibilities in accordance with the law" is an important condition for the procuratorial organs to file a administrative public interest lawsuit.After years of development,while continuously promoting relevant legislation,it also focuses on improving the scope of performance,duties,and identification standards.This article analyzes the definition and status of the administrative agency’s "originality according to law",and clears up the specific concepts,performance types and related empirical analysis of "illegal performance in accordance with the law".At the same time,it was found that although the system continued to improve,there were also some identification problems that affected the "unpredictable responsibility according to law".For example,whether the scope of judicial review is not clear,whether the "not responding to procuratorial opinions" should exclude disputes,fuzzy duties,considering reasons for defense,and differences in identification standards.The existence of these issues has affected the further development of the understanding of "unpredictable responsibility in accordance with the law",and it is necessary to continuously standardize and improve this system.Specifically,you can start from the following aspects: build a performance review system for "full chain",and incorporate the previous behavior into the scope of judicial review in the pre-litigation procedure;"Performing in accordance with the law" recognition.One of the responsibilities;introduce the discussion procedures for the performance period to clarify the scope of the application of emergencies;for the reasons for the defense of the administrative organs,we will consider the impact of defense on the defense on the basis of combining specific cases.It cannot be generalized;select the composite standard of "behavioral standard+results standard".Improve the identification of the system is of great significance for advancing administration in accordance with the law and building a government rule of law.