| In recent years,with the continuous improvement of relevant laws on administrative public interest litigation,the administrative public interest litigation system has highlighted its great superiority in protecting the public interest.After the revision of the new Administrative Procedure Law of the People’s Republic of China(hereinafter referred to as the Administrative Procedure Law),the procuratorial organ has clearly become the main body to initiate administrative public interest litigation.Article 25,Paragraph 4 of the Administrative Procedure Law stipulates the procedural conditions for procuratorial organs to file administrative public interest litigation.After procuratorial organs file administrative public interest litigation,the court shall decide whether the administrative organs have performed their duties according to law in the process of hearing.The court should not only judge the illegality of the administrative acts of the administrative organs,but also give full respect to the professionalism and regularity of the administrative power,which puts forward higher requirements for the professional level of the court.In administrative public interest litigation,an administrative organ refuses to perform its statutory duties in administrative management,does not refuse to perform its statutory duties,or fails to fully perform its statutory duties despite the appearance of expressing its intention to perform its statutory duties.These are acts of an administrative organ not performing its duties according to law.The author finds that there are some problems in the recognition of administrative organs not performing their duties according to law in administrative public interest litigation,such as the imperfect system design of administrative public interest litigation,the unclear scope of legal responsibilities of administrative organs,the single identification standard for administrative organs to perform their duties,the theory and practice generally question the statutory performance period and ignore the legitimacy of administrative acts.In the future,these problems will need to be solved.Because of these problems,administrative public interest litigation cannot effectively supervise and promote administrative organs to perform their statutory duties in accordance with the relevant provisions of the law,resulting in the inability of administrative organs to better protect the national and social public interests.To solve the above problems,the author puts forward the following suggestions: first,to improve the relevant laws of administrative public interest litigation;second,to clarify the scope of legal responsibilities of administrative organs;third,to adopt comprehensive identification standards;fourth,to scientifically and reasonably design the performance period of administrative organs;and fifth,to give consideration to the judgment of the legality of administrative acts. |
