Juristic Thought For Administrative Omission

The so-ca1led Administrative Omission means the state that theadministration main body have the positive duty to put inio effect theadministration action and have the ability to perform, but not perfOrm or delays.to perform his legal dllty. The fI ghost lt Administrative Omission often instigatesindulgent "omission" and unscrupulous II languid fI in power with a hidden form.In fact it is a power abusing in passive gesture. and also a hidden fOrm of non-materiality corruption.The Administ1fative Omission is one kind of administration action typerelatively to Administration Performance, and his comPosing must have theexistence of the duty to perform as the premise condition and subjective andobjective components such as the possibility to perfOrm, exceeding the time limitetc, except for the common components. There is importam theory value andpractical meaning tbr deePening the Administrative Omission theory and correctcognizance of AdIninistrative Omission cases to spread out the learning researchof Administrative Omission.The discussion of this text is chiefly divided into four big parts fThe first part gives detailed discussion fOr juristic concept of AdministrativeOmission. Firstly introduce the concept of Administrative Omission. Afterwardsfurther to detailed comparison analysis of broad sense Administrative Omissionwith narrow sense Administrative Omission. Finally analyze the origin ofAdIniniMive Omission.The second part studies the general juristic form, namely the inadequatelIlAdministrative Omission. Firstly expound the necessity to discuss the inadequate Administrative Omission. Next give the concept, character and harm of inadequate Administrative Omission. Finally introduce the components.In the third part firstly list the premises of the procedure of Administrative Omission, and then expound the procedure time limit and onus probandi, at last discuss the judgment and the procedure of general juristic form of Administrative Omission.The settlement of practical problem is stressed in the fourth part. In how to control and solve the phenomenon of Administrative Omission, this part research the law countermeasure mainly in administration and supervision, concretely includes: to build rigid administration duty system; to standardize the management of civil servant; to build Administrative Omission investigation system; to fetch in compensation system; to strengthen power department supervision; to build citizen supervision system; to build media supervision system.