Theory And Legol Remedy Administrative Omission

The executive is not a problem, is the administrative law theorists of the new hot spot, but also law enforcement and judicial practice of the old difficulties. Thesis on the subject for the study, combined with other legal areas and in other countries do not as a theory is relatively mature, and the relief of administrative issues is not made as discussed. A total of three parts of this thesis.The first parts of "the concept of administrative omission", the paper first with the "Sanlu milk powder incident," do primers, leads to this thesis "administrative omission and legal aid." Then by the Chinese administration is not theoretical research results as the gradual deepening of the executive is not as the theoretical level, to define its definition and classification through the concept, compared to the concept. The second part of the "administrative omission and the harm tort liability", this part is divided into two aspects:First, the article by the chief executive as a relative who does not harm, the harm for the country, the law several aspects the harm the system in-depth analysis of the executive is not as harmful infringement. Second, the main author and through executive and administrative civil servants bear the responsibility of the administration is not different from tort liability as a detailed analysis. The third part, "the executive is not a legal remedy analysis", in this part of the article, the author first legal relief through the administration is not the extra-territorial law as a comparative analysis of the civil law and common law remedy in theory the executive is not as different, through the administration act of tort relief model of the existing administrative omission of several relief pattern. Finally, the executive is not held as a way through tort liability compared with the reference to foreign administration is not our way to perfect as a relief.