Administrative Omission And Its Litigation System

Combining with the omission theory in other legal science fields or other countries, this dissertation focuses on the administrative omission and its litigation system. The author attempts to establish the framework of the administrative omission litigation system in our country. The basic conception of administrative omission is the most of important. On making list of the current options, the author makes a conclusion of the administrative omission, which is the administrative agency does not perform the statutory, particular duty in legal time limit and have no clear meaning in administrative procedure. Then, the dissertation expounds the constitutive requirements of the administrative omission and the classification of the administrative omission. Combining with the existing litigation system and the evaluation of the relevant system in other countries, the author takes the litigation system of imposition of duty in Germany as an example and holds that the establishment of the framework of the administrative omission litigation system in our country should take the action of performance as the foundation and the action of confirmation as supplement. In order to strengthen the supervision of the administrative omission infringing on the public interests, we should establish the public prosecution system of the administrative omission as soon as possible.