Determination Of "failure To Perform Duties According To Law" In Administrative Public Interest Litigation

As the administrative public interest litigation initiated by the procuratorial organs in our country spreads across the country,the theoretical research on the administrative public interest litigation initiated by the procuratorial organs is becoming more refined.On the basis of the procedural elements of administrative public interest litigation filed in Article 25,Paragraph 4 of the Administrative Litigation Law,after the procuratorial organ initiates an administrative public interest litigation,it needs to identify the administrative organ’s failure to perform its duties in accordance with the law.At the same time,it is necessary to prove the state and the public interest of the state and society damaged by the administrative agency’s "failure to perform its duties in accordance with the law".The relevant reasons have become an important source of basis for the court to determine whether the administrative agency performs its duties in accordance with the law and the corresponding judgment.Therefore,in both legislation and practice,the process of identifying non-fulfillment of statutory duties has become the most controversial point in the entire administrative public interest litigation procedure.How to judge whether an administrative agency with statutory duties performs according to law,specifically,first clarify the specific connotation of "failure to perform duties in accordance with the law",and it is not necessary to distinguish between "non-action" and "failure to perform duties in accordance with the law",and the scope should include " "Administrative omission" and "Illegal exercise of authority." Secondly,on the basis of a considerable amount of judicial judgment,through the defense and response of the three parties of the procuratorate,the administrative agency,and the court,it is concluded that in practice,the court and the procuratorial agency have a relatively consistent review logic,that is,frequent use of consequential determination standard.At the same time,the law of the court’s application of behaviorist standards in individual cases should be focused on analysis.From the perspectives of the respective functions and role positioning of the three parties,the source of the courts and procuratorial organs supporting the consequential standards can be analyzed,and the adverse effects of the outcome standards can be analyzed from the perspective of the purpose and regularity of administrative public interest litigation.Finally,when restructuring the identification standards,we should absorb the advantages of the behavior standards and adopt multi-level review standards for identification.Comprehensive standards can be used to judge the administration at the levels of “overall”,“statutory”,and “dynamic”.Whether the agency performs its duties in accordance with the law,and proves the feasibility of the application of comprehensive review standards from the perspective of advancing the refinement of review standards and realizing the sound development of administrative power and procuratorial power.This article mainly adopts the case analysis method to make a normative analysis of the elements of failure to perform duties according to law,so as to derive the root causes of the differences,in order to provide some reference ideas for the judicial organs to determine whether the administrative organs perform their statutory duties.Guide the legal administration of administrative agencies.