An Empirical Study on Response to Litigation against Administrative Omission

Based on the basic data collected from verdict documents from January 1,2014 to April 30,2015 as disclosed by China Verdict Net,in reality,a considerable number of people are unsatisfied with the process or results of due diligence on the part of administrative units,and think there exist administrative omission,so they initiate legal proceedings to protect their legitimate rights and interests.Among these litigations,the administrative units as defendants are accused of refusing to perform their statutory duties,inability to fully perform their statutory duties,delay in performing their statutory duties,and lack of factual and legal basis.The judiciary authorities also show certain problems in their attitude and methods in handling such cases.To better address the issue of administrative omission under new circumstances,firstly,it is necessary to strengthen supervision and accountability and encourage the prosecurats to file public interest litigations,so as to urge the administrative authorities to fully perform their statutory duties;secondly,it is also necessary for the judiciary authorities to exercise strict trial against administrative omission,make reasonable exercise of discretion,and give judiciary recommendations for defective administrative acts so as to exert their value-orientation role.