Study On Violation Of Administrative Omission And Its Redress Of Law

The administrative action is the concept that plays an extremely important role in the administrative jurisprudence system. It is the basic condition and reason that can initiate the administrative lawsuit,at the same time it is also the sign that the administrative proceedings litigant dispute.As one of ways of the administrative action, administrative omission,according to its legal nature,can be divided into the legitimate administrative omission and the illegal administrative omission. The illegal administrative omission, that is,violation of administrative omission goes against ruling a nation by law, administrating according to law.The administrative body is litigated in the name of violation of administrative omission,although,in a certain degree,it can indicate that the social democracy is improved and the administrative counterpart have enhanced their awareness of law, it has long-lasting negative effects.It both makes administrative counterpart tired,and adds much working pressure to the judicial organization, finally it will destroy the relationship between the party,the government and the people,and hold back the advancement of ruling a nation by law.Now more and more fundamental researchers and the judicature staff have paid great attention to how to correctly judge what is violation of administrative omission,realizing its harm,scientifically profitting from the experience in other legal fields,positively suppressing and guarding against the phenomena of the violation of administrative omission.Many fundamental researchers and the judicature staff are pursuing to establish and to perfect the system of redress about violation of administrative omission, to improve the administrative law system, to advance the administration according to law and to safeguard the practice of the plan of ruling a nation...