The Analysis Of JiangShan Suiting Against Of Administrative Omission Of Shenzhen Land And Housing Bureau

Administrative proceedings have 20 years of practice, "the people suing government officials" had become the norm, the court accepted each year in the number of administrative cases increased year by year, as China's transformation of government functions, the establishment of service-oriented views of the Government proposed the establishment of administration according to law as The core service-oriented government, according to the law which requires the Government should actively perform its statutory duties, such as lazy to perform their statutory duty, not as an administrative offense. As the focus of the executive is not usually the case focused on the administrative omission in the judicial process to its standards identified. This paper selects the Shenzhen Municipal Bureau of Land Resources and Housing Authority as a case of this administration is not representative case, focusing on the judicial administration is not recognized as a case to be analyzed.First, the paper cited three cases to elaborate on the focus of controversy, and then by analyzing the court finds that the executive is not a case of the three criteria, confirmed the case the defendant has constituted administrative law sense, not as an executive. Second, the case in the administrative burden of proof is not as ex officio of the executive in particular cases is not as special allocation of the burden of proof, the administrative organ for the first time in the administrative procedure applicable laws, regulations, court on the specific administrative act of the executive authorities of the legitimate The process of the second judicial review applicable laws, rules and other aspects of the similarities and differences. Finally, the case of solicitors will combine the skills of such cases to make recommendations, and indicate the relative human face of the Chief Executive authority does not act against his own legal rights, which effectively through legal means to protect their legitimate rights and interests.