Liability Discharge Suit?Claim And Their Rules

In regard to the liability discharge suit,the court's trial mainly follows whether the administrative agency has legal responsibility(Source of legal responsibility)-Whether the administrative agency performs its responsibility(Ways and effects),as a legal review standard,"Zhang Yuexian case" is also the embodiment of this review logic,The court regards the "legal responsibility" of the administrative organs as the focus of the review.In the "Zhang Yuexian Case",the Supreme Court's decision on whether the defendant has a statutory duty is,First,whether there are provisions in the public law norms that give the Taiyuan municipal government the responsibility of "rescending the residents'committee to reissue the welfare of the villagers",Secondly,it refers to Article 59,Item 6,Item 9 of the Organic Law of the People's Governments at Various Levels,Article 20 of the Organizational Law of the Residents' Committee,etc.Because the legislative expression of "protecting property rights" and "business guidance" is too general,it is difficult to derive specific statutory duties.Rethinking the thinking of the Supreme Court can be seen,How to derive the specific statutory duties in a case from the general"organizational norms" is the core issue of such cases,The break between the two links makes it difficult to actually determine the statutory duties.This article adopted the introduction of "Zhang Yuexian Case",analysis of the source of "statutory duties" in the complaints,explores the Connotation of "Organizational Norms" in China,furthermore,it is clear that the "organizational norms" are positioned in the scope of the lawsuit of the law.reasonably,drawing on the claim of public law and the theory of protection norms,follow the two steps of "retrieving relevant public law norms-examining whether the norm has the purpose of protecting private interests",try to build a request interpretation framework.Establishing a device that connects"organizational norms" and "specific statutory duties" through the plaintiff's request,strengthens the operability of the court in judging the "statutory duties" of the administrative organs in this type of performance grievance,also makes a more comprehensive investigation of the public law rights of the relatives by means of the right of claim.