On Responsibility Of Administrative Omission And Its Legal Remedy

As one kind of administrative action, administrative omission exists everywhere in our society. It damages citizens'confidence in our government; it damages the rights of citizens and the interests of our country. Administrative omission can do tremendous harm. The study of administrative omission in order to make sure its definition, to determine its responsibility and to provide correspond remedy. It is not only a demand to promote administrative action pursuant to law, but also needs to protect private party's legitimate rights and benefits, and to construct democratic country ruled by law. However, currently the study on this area is far from enough, and there is much chaotic recognition in judicial practice. We have necessary to discuss this topic. This essay analyzes and studies administrative omission combining with relative theory of criminal law and civil law, using relative perfect omission theory of other countries for references, in order to achieve the goals of improve the theory of administrative omission and direct the relative practice. Firstly, by analyzing some representative viewpoints in the field of administrative law, the thesis define the concept of administrative omission again, studying the basic elements of administrative omission and discussing the significance and classifications of it. Then the thesis discuss the responsibility of administrative omission, and point out administrative omission should be involved in the scope of state compensation, and discuss the issues about the basic elements of state compensation and bearing of the duty. At last, the thesis emphasizes the remedy for administrative omission, elaborates the scope and ways of remedy for administrative omission.