Analysis Of The Legal Issues Of "Mr Ma Files A Lawsuit On The Government Of N Country For Failing To Perform Statutory Duties"

In our country,the number of administrative litigation has become more and more important in people's court because of the enhancement of citizen's consciousness of safeguarding rights.One of the basic requirements of an administrative organ for the exercise of the rights of the state is that it does not impair the legitimate rights and interests of citizens.The administrative organ's behavior is lawful.First of all,it is necessary to improve the level of law enforcement;secondly,to establish an effective means of supervision for the exercise of public power,and when the infringement occurs,the legitimate rights and interests of the relative party will be promptly relieved.From the perspective of protecting the legitimate rights and interests of the relative people to our country of public power infringing the lawful rights and interests of relative people set up different relief channels,including administrative relief and judicial relief,administrative relief and including petition to the relevant authorities for reconsideration,characteristics of these two ways is through the administrative power in the internal organs of the lower judicial supervision;the relief is aggrieved by a lawsuit to the court the jurisdiction of administrative supervision.In recent years,with the increase of judicial authority,more and more people have been attracted by the right to use procedural remedies.However,the administrative illegal forms,illegal acts beyond their powers,and other positive breach of privilege class,also not to reply,not completely fulfilled,refused to illegal performance of the negative,the two comparison,the latter has more subtle harm results is not obvious characteristics.Therefore,the people's courts often face more challenges in hearing such cases.This article through to "Mr Ma Files a Lawsuit on the Government of N Country for Failing to Perform Statutory Duties" analysis,analysis of the court accepted this type of case should be how to conduct procedural review and substantive review.This article is divided into four parts in the text.The first part introduces the case and the trial process,and puts forward the three controversial focuses of the case.There are three controversial points in this case,one is whether the plaintiffs prosecution exceeds the statutory time limit for prosecution,two is whether the case belongs to the scope of the case,and the other is whether the government of the N county does not increase the amount of money to be cashed,whether it is legal or not three.The second part is the analysis of the first case the focus of controversy,combined with the facts of the case,from the date of the court,prosecution can discuss the case did not exceed the limitation period distribution of several aspects of active review,the burden of proof on the.The third part is the analysis of the case second focus of controversy,the first analysis of China's scope of regulations and standards of review,and review opinions of the petition involved in the case of legal definition,according to the relevant provisions in the two aspects of the behavior and the effect that involved in this case and review opinions belong to a specific administrative act,from the law the effect on the change of the relationship between rights and obligations of a Ma and N county government,belongs to the scope of administrative litigation.The fourth part of the defendant organs do not honor the increase of the legitimate analysis of the amount of money,the defendant's behavior in the case to make a legal definition.This part has never fulfilled the statutory obligations of the constituent elements of entry,and the specific circumstances of the case,and finally concluded that the defendant's behavior in this case is not legal.