Failure To Perform The Determination Of Statutory Duties

Non-performance of statutory duties has always been characterized by a large number of cases and complex types of cases.In 2015,the new Administrative Procedure Law made many detailed provisions on non-performance of statutory duties.This series of provisions make it legally mandatory for non-compliance with statutory duties The scope of the system and the corresponding judgments type system is more perfect than before.However,most of the existing studies on the judicial review of non-performance of statutory duties are mostly before the promulgation of the new Administrative Procedure Law.There are only a few research articles devoted to the study of non-performance of statutory duties after the revision of the Administrative Procedure Law,Responsibility is also the lack of systematic,type of judgment.Non-performance of statutory duties is a commonly used concept in judicial practice.According to the research,the court found that in actual practice,the courts have failed to perform administrative duties as equal and non-performance of their statutory duties.The current formation of the people's court as an obligation stems from the reality as a possibility and whether it has been used as a triple basis of judgment.Each of these criteria in practice there is a corresponding refinement.Statutory functions and responsibilities should be appropriately extended to explain.This paper holds that all of them can be understood as "obligations" as administrative subjects,which is more conducive to the overall protection of the legitimate rights and interests of the administrative counterparts.And through the research on the relevant precedents of the court,it concludes that the courts often take the principle of the principle of law as the source of statutory duty in the current cases of non-performance of statutory duties.In addition,for the newly added administrative agreement of the new law,the court adopts three kinds of attitude when it finds that it does not perform its statutory duties: one is to take the obligation set forth in the agreement as the source of statutory duty;the other is to regard the law of contract as the source of statutory duty;Third,the principle of administrative law as the source of legal responsibility.This article focuses on the cognizance of whether the statutory duty has been fulfilled.Through the interpretation of the concept and the judicial review ways and ideas of non-performance of statutory duties in practice,this article provides a preliminary uniform standard for the determination of failure to perform the statutory duties in specific cases.