Research On Judicial Remedial Procedure For Administrative Omission

Being a common administrative illegal action, Administrative Omi- ssion lacks a set of judicial remedial procedure at the moment. Therefore, it is necessary to make a study of the judicial remedial procedure for administrative omission. To sum up the academic research results, there are many researches. However most of them are not in-depth and syste- matical. Only a few propose a set of perfect solutions for the current legal provisions. Under this background, overall clearance of legal provisions of judicial remedial procedure and a deep discussion for administrative omission become the aim of this research.Judicial remedial procedure for administrative omission is a general term for the means and the processes of the adjudication resulted from the lawsuit by the administrative counterpart, who considers the administrative subject violates laws when the administrative subject does not carry out or prolong his/her obligations and suits to the People's Court. The lawsuit is heard by the People's Court and the court decision is implemented by the coercive forces of state. It is the appeal of Service Administration as well as the demonstration of Procedural Justice. At present, main countries adopting Common Law System and Civil Law System have different methods to handle cases of Administrative Omission, from which we can use for reference. Compared with foreign countries, although our country stipulates the case scopes, the time limits for prosecution, the burden of proof, the types of judgment ,the execution of judgment for that procedure and so on, some related legal provisions and the systems are inappropriate in many ways. In order to overcome the difficulty facing the judicial remedial procedure for administrative omission, we must make clear and enlarge the case scope, set up the time limits for prosecution precisely, divide the burden of proof rationally, improve the types of judgment and solve the problem of judgment execution.