Study On Demanding-performance-liabilities Lawsuit

Considering various litigation remedy means for the administrative omission from a bird-eye view, the demanding-performance-of-liabilities lawsuit provides the private party the most integral and effective protection. The demanding-performance-of-liabilities lawsuit is a lawsuit brought by the private party who hopes to urge the administrative agency to perform the active duties by the demanding-performance-of-liabilities judgment of the court, when the administrative agency has some active duties but neglects or refuses to perform which results in the infringement of the lawful rights and interests of the private party.This thesis consists of a foreword, four chapters and a conclusion. The foreword roughly introduces the background of the emergence of the demanding-performance-of-liabilities lawsuit and the present research of the academia in China.Chapter One scrutinizes the remedies for administrative omission in China. On the premise that to perform the active duties is still of actual value, there is demanding-performance-of-liabilities judgment (performance judgment and re-performance judgment) to resolve administrative omission in China. The demanding-performance-of-liabilities judgment in China not only has leaks in legislation, but also lack of actual effect in practice. So ,it's necessary to establish the demanding-performance-of-liabilities lawsuit in our country.Chapter Two expounds the basic theory of the demanding-performance-of-liabilities lawsuit. Firstly, it checks some remedies for administrative omission abroad on the premise that to perform the active duties is still of actual value. Secondly, it articulates the demanding-performance-of-liabilities lawsuit from the aspects of its meaning, legal nature, classification, litigation essentials, judgment forms and so on.Chapter Three discusses the theoretical foundation for establishing the demanding-performance-of-liabilities lawsuit. Chapter four explores some relevant problems about the establishment of the demanding-performance-of-liabilities lawsuit. In the conclusion, this thesis puts forward several legislative suggestions about the setting-up of demanding-performance-of-liabilities lawsuit.