Determination of"Non-performance of Duties According to Law"in Administrative Public Interest Litigation for the Recovery of Land Transfer Fees
In the judicial practice of public interest litigation for the recovery of land transfer fees,there exist problems such as unclear division of rights and responsibilities for the recovery of land transfer fees,unspecified recovery methods,and differences in applying the evaluation criteria for the full performance of statutory duties by administrative organs,leading to the court facing the legal application dilemma in determining"non-performance of duties according to law".Therefore,it is urgent to further clarify the subject of performance and the way of performance in public interest litigation for the recovery of land transfer fees,and establish the evaluation criteria for"the full performance of statutory duties".Although the collection and supervision agencies for land transfer fees are not consistent in practical operation,the land management department enjoys the relevant administrative power and,as a party to the transfer contract,should still be the subject responsible for"non-performance of duties according to law".On the basis of determining that the land transfer contract is an administrative agreement,the land management department can take administrative measures to recover the land transfer fees according to law without filing a civil lawsuit,and evaluate whether the administrative organ has fully fulfilled its statutory duties based on the"behavioral standard".
Administrative Public Interest LitigationRecovery of Land Transfer FeesSubject of PerformanceWay of PerformanceFull Performance of Duties
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