Research On The Identification Of Administrative Non-action In Administrative Public Interest Litigation

The administrative public interest litigation is divided into two stages: the pre-litigation procedure and the litigation procedure.Only after the procuratorate issues a procuratorial suggestion to an administrative entity that does not perform its duties according to law,and the administrative subject does not perform its duties according to law after the pre-litigation procedure,the procuratorate can initiate the litigation.program.Whether the administrative subject still fails to perform its duties according to law in the pre-litigation procedure is whether it is the core of judgment.However,the identification of the administrative subject is not easy to be clarified and the procuratorial suggestions,the administrative subject behavior,and the repair of the damaged public interest.This paper makes a systematic study on the identification of administrative inaction in administrative public interest litigation.The full text is divided into four parts.The first analysis combs the three core elements of the concept of administrative inaction,namely,having the obligation,the possibility of acting,and the reality of inaction;clarifying the concept and purpose of administrative public interest litigation;proposing administrative inaction and failing to perform statutory duties is academia Different titles with the same problem in the practice circle,but there is no need to distinguish between empirical research,and clear the obstacles for the analysis below.The second part summarizes the problems existing in the practice of administrative public interest litigation.That is to say,the identification of administrative inaction in practice regards the obligation to respond to the prosecutorial suggestion as the tendency to be an obligation,and the consideration of the possibility as an overhead is formed.The criterion for judging whether the public interest is completely repaired or not is the core criterion.The third part analyzes the defects of the result standard and its causes.Although the formation of the result standard has theoretical and practical reasons,the standard does not consider many factors that affect the actual effect of administrative behavior.The arbitrary adoption of the standard cannot realize the public interest protection and save judicial resources.The purpose of both.The fourth part perfects the identification of administrative inaction in administrative public interest litigation from three aspects,namely,improving the intensity of examination,perfecting the constituent elements and the manifestation of indefinite inaction.The improvement of the constituent elements starts from four aspects,namely,whether it is an obligation,an expansion as a possibility,a clear term as a deadline and an addition of substantive requirements,that is,whether the statutory measures are exhausted.Total inaction and incompleteness are the main manifestations of administrative inaction in political public interest litigation.Among them,incompleteness is the main form of practice.There are mainly inadequate administrative penalties,such as enforcement of compulsory execution,and criminal punishment instead of administrative punishment.