A Study Of Administrative Organs' Failure To Perform Its Statutory Duties And Responsibilities Cases On Judicial Criteria

The full performance of the statutory duties of the administrative organs is the due meaning of the government ruled by law,and it is also an inevitable requirement for the construction of the rule of law in China.People's courts at all levels have an extremely important value in urging administrative organs to fully perform their legal duties,advancing the construction of a government under the rule of law and improving administrative efficiency by fully reviewing and making appropriate judgments on cases where administrative organs do not perform their legal duties.However,due to the complexity of the constituent elements of the administrative agency's failure to perform its statutory duties,the lack of written norms in China's universal administrative procedures,and the lack of clear definition of the relevant concepts of non-performance of the statutory duties,the identification of the constituent elements of the entity in cases where the administrative agency fails to perform the statutory duties There are certain difficulties in the application of the judgment method,to a certain extent,it affects the full realization of the judicial power over the supervision function of administrative power,is not conducive to the substantive resolution of administrative disputes,and is not conducive to the legal rights of administrative counterparts and interested parties Effective protection.In view of the above reasons,this article is based on the judgment documents published by the Supreme People's Court in the "Administrative Organs Not Performing Legal Duties" case in China.It comprehensively uses statistical analysis,inductive reasoning,case analysis,literature analysis and other research methods to The research results of the administrative law theory on non-performance of statutory duties are guided by empirical research on cases where administrative agencies fail to perform statutory duties,and corresponding suggestions are made on the problems existing in the trial of cases where administrative agencies fail to perform statutory duties.Chapter One analyzes the legal concepts involved in cases where administrative agencies fail to perform their legal duties.After sorting out the status quo of administrative inaction and non-performance of statutory duties,it is found that the two are confused and used in judicial practice.In theory,there are also some scholars who have not distinguished between administrative omission and non-performance of statutory duties.In view of the drawbacks of confusion between administrative inaction and non-performance of statutory duties,this article puts forward the point of strict distinction and use of administrative inaction and non-performance of statutory duties.The internal links of the lawsuits for the non-performance of the statutory duties by the organs were analyzed,which laid the foundation for effectively summarizing the current judgment standards for cases where the administrative organs did not perform the statutory duties.Chapter ?,from the perspective of substantive law,based on the current status of China's administrative trials,from the perspective of the source of statutory responsibilities and the mode of examination of administrative cases,the current situation of "confirming that administrative agencies have statutory responsibilities" and "confirming that administrative agencies have performed statutory responsibilities"Summarize the accreditation standards and the existing problems during accreditation.Chapter ?,from the perspective of the procedural law,based on the factors considered by the people's court when applying the referee method in the case of non-performance of statutory duties,the current applicable standards and application of the three main referee methods of "not filing,confirming the violation of the law,and performing judgment" Summarize the existing problems.Chapter ?,on the problems existing in the trial of cases where our administrative organs fail to perform their statutory duties,from the perspective of administrative substantive law and procedural law,it is proposed to adhere to an expanded interpretation of statutory duties,formulate universal administrative procedure norms,and regulate administrative effectiveness It is recommended for the basic principles of administrative law,the introduction of local extracurricular courses as an obligation and localization,and the comprehensive establishment of a purposeful review model.