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No. 5 of Ten Cases concerning Administrative Nonfeasance Published by the Supreme People's Court: Wang Shunsheng v. People's Government of Shouguang City (a case concerning administrative nonfeasance)
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最高人民法院关于行政不作为十大案例之五：王顺升诉寿光市人民政府行政不作为案
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【法宝引证码】
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| No. 5 of Ten Cases concerning Administrative Nonfeasance Published by the Supreme People's Court: Wang Shunsheng v. People's Government of Shouguang City (a case concerning administrative nonfeasance) | | 最高人民法院关于行政不作为十大案例之五：王顺升诉寿光市人民政府行政不作为案 |
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| (1) Basic Facts | | （一）基本案情 |
| On February 11, 2014, the People's Government of Shouguang City (hereinafter referred to as the “Government of the City”) received a written application requesting the Government of the City to order the Villagers' Committee of Chu Village, Luocheng Sub-district (hereinafter referred to as the “Villagers' Committee of Chu Village”) to disclose village affairs as submitted by Wang Shunsheng. Upon investigation and verification, the Government of the City issued a Written Notice on Ordering the Disclosure of Information on Village Affairs (No. 009 [2014]) on April 4 of the same year, with the main content that “Villagers' Committee of Chu Village, Luocheng Sub-district: We accepted the Written Application for Ordering the Villagers' Committee of Chu Village, Luocheng Sub-district to Disclose Village Affairs as submitted by your villager, Wang Shunsheng on February 11, 2014. In accordance with the provisions of Article 31 of the Organic Law of the Villagers' Committees of the People's Republic of China and Article 38 of the Measures of Shandong Province for Implementing the Organic Law of the Villagers' Committees of the People's Republic of China, we hereby order you to disclose the relevant information on village affairs to Wang Shunsheng according to the law.” On the same day, the Government of the City served the Notice upon the Villagers' Committee of Chu Village. The Government of the City held that it has performed the statutory duty; however, the Villagers' Committee of Chu Village did not disclose information on the application matter to Wang Shunsheng till the court trial of this case. Therefore, Wang Shunsheng filed an administrative lawsuit in the court against the Government of the City, requesting the court to confirm that the act of defendant of failing to perform the duty of ordering the Villagers' Committee of Chu Village to disclose information on village affairs was illegal; and to order defendant to perform the duty of ordering the Villagers' Committee of Chu Village to disclose information on village affairs in a timely manner. | | 2014年2月11日，寿光市人民政府（以下简称市政府）收到了王顺升提交的请求责令洛城街道褚庄村村民委员会（以下简称褚庄村村委会）公开村务的申请书，市政府在调查核实后于同年4月4日作出（2014）第009号《责令公布村务通知书》，主要内容为：“洛城街道褚庄村村民委员会，本机关于2014年2月11日受理了你村村民王顺升提出的《责令洛城街道褚庄村村委会公布村务申请书》。根据《中华人民共和国村民委员会组织法》第三十一条和《山东省实施〈中华人民共和国村民委员会组织法〉办法》第三十八条规定，现责令你单位依法向王顺升公布有关村务信息。特此通知”，并于同日向褚庄村村委会进行了送达。市政府认为其已履行了法定职责。但至本案庭审时，褚庄村村委会并未就王顺升申请事项向其公开。王顺生遂以市政府为被告向法院提起行政诉讼，请求确认被告不履行责令褚庄村村委会公开村务职责的行为违法；判令被告及时履行责令褚庄村村委会公开村务的职责。 |
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