On Judicial Remedy Of Administrative Omission

This article discusses judicial remedy of administrative omission bymeans of combining the theoretical research and the judicial practice.Based on defining the nature of administrative omission, the authoranalyzes the form and process of the judicial remedy of administrativeomission and the important parts of judicial review, such as the litigiousscope, the evidential burden, the content of legal review and the form ofjudgments. In order to safeguard the legitimate rights and strengthen thesupervision of administrative behavior, enlarging the scope ofadministrative omission litigation should be further researched.Meanwhile, the evidential burden between the two parties inadministrative omission litigation is specially discussed because of itsspecial character. Last but not the least, the current national compensatorylaw has not made clear and definite provisions about the statecompensation duty on the illegal administrative omission, which leads tothe weakness of protecting the private party's rights. Concerned withcurrent status, the article puts forward some assumption and proposals toperfect the national compensatory lawmaking, hoping those analyzes onjudicial remedy of administrative omission may take up some discussions,which will help the administrative lawmaking, judicial practice andtheoretic research branches.