Judicial Determination Of Incomplete Performance Of Legal Duties

In judicial practice,the number and types of cases of incompletely performing statutory duties are increasing,making judicial determination that does not fully perform statutory duties become a hot and difficult issue in administrative litigation.Incompletely fulfilling the statutory duty,from the appearance of the administrative subject,has made an administrative act against the administrative counterpart,has fulfilled its statutory duties,and in fact the administrative act made by it is procedurally incomplete or physically unsatisfied.All the relatives' requests have not really fulfilled their statutory duties,and they have the characteristics of “acting” in form and“not doing” in essence.It should be characterized as administrative inaction or administrative action.There is no clear regulation on this in our country's legislation.The academic and practical circles also have different views on this.Failure to fully perform the statutory duties is unclear and will interfere with the court's trial of cases of incomplete performance of statutory duties,leading to trial difficulties.In this context,this paper collects and collects the typical cases of incompletely performing statutory duties from 2015 to the present,and uses the method of group case research to qualitatively start from the behavior of not fully performing the statutory duties,and adopts the “source of obligation” proposed by Professor Zhang Zhiyuan.As a possibility,whether it has been used as a “triple judgment benchmark”,it is clear that the boundaries of statutory duties are not fully fulfilled in specific cases,with a view to preliminarily determining the criteria for determining the incomplete performance of statutory duties in specific cases.This paper first summarizes the trial dilemma arising from the unclear unclear statutory duties in judicial practice,and clarifies the research value and research significance.Secondly,based on the judicial recognition standards,it discusses how the court conducts research on how to judge the incomplete performance of statutory duties and how to judge separately in the judicial trial practice.Finally,this article promotes the substantiveity of the case from the case of re-indictment of a case of incomplete performance of statutory duties,not repeating the prosecution,re-indicting the incomplete prosecution of statutory duties,not re-applying as an element,and highlighting the inaction of not fully performing statutoryduties.Suggestions on the settlement of disputes,and strive to provide a path to solve the problem of the current administrative trials on the criteria for the incomplete implementation of statutory duties.