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On The Administrative Nonfeasance And Its Remedy

Posted on:2006-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:J Q NaFull Text:PDF
GTID:2166360185977763Subject:Public Management
Abstract/Summary:PDF Full Text Request
Administrative nonfeasance is a kind of administrative act countering to administrative action. Comparing with administrative action, it has its own remarkable characteristics in these aspects of definition, constitutive requirement, relief means and the responsibility of law.The thesis is discussing on the administrative nonfeasance in definition, constitutive requirement, relief means, and the responsibility of law.There are mainly 3 kinds of ideas about administrative nonfeasance abroad, those are unfulfillment, illegal refusal of fulfillment, and delayed fulfillment. The typical example is not cayyring out the job which is from Germany.The ideas about the definition of administrative nonfeasance can be divided into 3 catalogues in China. Those are, the Duty Says, the Maintenance Says, the Intention Declaration Says. Many different ideas which explain the definition in more details are included in the Duty Says. The thesis takes ideas of the Duty Says. The Duty Says discusses on its origin and nature, that is the administrative subject has the duty of fulfillment. This idea embodies the original meaning of administrative nonfeasance and the practical value of its existence.The definition embodies both the naturalcharacteristic------disobedience of the duty, and the characteristic in actingways------nonfeasance.On the basis of the Duty, the thesis defines the administrative acting as that administrative acting is a kind of acting state of refusing or over-expiration nonfeasance when the administrative subject which has the acting duty in law should or could act. Acting and law-breaking are the characteristics of the administrative acting.As a kind of administrative acting, administrative nonfeasance does harm to relation person, so it should undertake the responsibility of national compensation. The thesis discusses the question.The thesis points out some ideas by discussing on the definition, the constitutive requirement, the relief means, and the responsibility of law.
Keywords/Search Tags:Administrative nonfeasance, Remedy, State indemnity
PDF Full Text Request
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