Research On The Some Legal Problem Of Judging The Case Of The Administration Doing No Use

"The administration did not take" is a quite important topic in our country' s government by law society at present. The research on "administration did not take" not only is advantageous to the consummation administrative action theory system, moreover regarding in the administrative legislation, the administrative law enforcement and the administrative proceedings the people's court correctly exercises the judicial examination power also to have the necessity the instruction function. This article includes eight parts.The first part : Leading words, which brings out the basic problems of the article. The article said that "Administration did no use" has become the serious problems of administration. In these years, the cases of " Administration did no use" has increases gradually. The explanation of "Administration did no use" is different, so its take are different. There are big different in Prosecution deadline, afford of load, the assurance of duty.The second part: General explanation of theory about "the administration did not take" . The article starts from the value of administration right, it points out that it is one of losing its model function. After explaining many theories' disadvantages it says, "the administration did not take" means the body of administration regard enforcing administration as their duty and it should enforce it but did not. Moreover analysis its definition, characteristics, form and types.The third part :Its range and characteristics as judicial examine. Firstly, the article introduces the rules of "the administration did not take" in Administrative Proceedings Law, and has a discussion about two difficult problems in administration practice, that is to say, whether or not the administrative controversies aroused by "the administration did not take" belongs to judicial examination and some kinds of administration belongs to end behavior, then its counter "the administration did not take" belongs to scope of judicial examination. At last, give examples of Jiuquan City's court system, it include the main characteristics of "the administration did not take" cases from judicial practice.The forth part: Prosecution deadline of "the administration did not take" . The article says that: Supreme People's Court referred that the first time, under the situation of administrative body don't take its duty, regulate the deadline, it is the perfect of rules, and reflect the value of administrative proceedings. We should pay attention to three main points. About prosecution deadline, we have two opinions, . one is law rules another is about judicial rules, but the two have some disadvantages. The key problem is to see whether or not administrative body informs prosecution deadline and right to citizen, legal or other organizations. It will have some theatrical barrel, if we don't distinguish the rules.