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HASS054.pdf
Article Title : Study on the Determination of the Non-performance of Duties by Administrative Agency in Administrative Public Interest Litigation
Author(s) : Wenwei Han
Corresponding Author : Wenwei Han
Keywords : Administrative Public Interest Litigation; Pre-litigation Procedure; Administrative Agency's Failure to Perform Duties.
PDF : http://download.BCPub.org/proceedings/2021/HASS2021/HASS054.pdf
Abstract

In China's administrative public interest litigation, the Pre-litigation procedure is a necessary process of the litigation, and the determination of the administrative agency's failure to perform its duties is the key point in the connection between the Pre-litigation procedure and the litigation procedure. At present, there are three main modes of review by procuratorial organs for Non-performance of administrative agencies in Pre-litigation procedures, result standard review, behavior standard review, and multiple standard review. In order to protect the public interest to the greatest extent, it is necessary to implement a multi-standard review model in practice, and objectively recognize that different types of administrative public interest litigation cases will have differences in the judgment standards of administrative agencies' failure to perform their duties.

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