Research On The Administrative Reconsideration Remedy Of Administrative Omission

The research on the remedy of administrative omission is a hotspot and difficulty issue in administrative law area. At present ,there are mostly two remedy modes of administrative omission in our country , administrative reconsideration remedy and administrative lawsuit remedy. In the text , the emphases is the administrative reconsideration remedy . The administrative reconsideration remedy is an important legal system in china to settle administrative disputes through examination action and compensate the victim's lawful right and interest of the counterpart. The administrative reconsideration remedy, as an important remedy system for the administrative relative people, starting with solving administrative disputes, through the inside layer supervise connection among the administrative departments, the higher department censor the disputed administrative action, correcting the irregulate and the improper administrative action , accordingly protecting the administrative relative people'legal interests, ensuring and supervising the administrative body exerting authority legally. The administrative reconsideration system not only provides an efficient remedy measure for the administrative proposer, but also exerts its peculiar superiority such as convenience shortcut and cheapness , thereby it behove is the preferred approach for the relative people to solve the dispute and look after remedy.In the first chapter, the emphases is the basic theoretics analysis about the administrative reconsideration remedy. Mostly including the behaving form ,the harm , the character and the sort of administrative omission. The intention of the analysis is to establish the theoretics basic for the following text. The fourth section of this chapter points out the remedy superiority of the administrative reconsideration remedy of administrative omission.In the second chapter , mostly through the actuality analysis of the administrative reconsideration remedy'acception to the final decision, pointing out the the deficiency of the administrative reconsideration remedy of of administrative omission, including issue of its remedy scope, application term, quote obligation and the decision form. At present, the administrative reconsideration remedy of administrative omission in our countryis limited to concrete administrative omission behavior that violates private benefit, which is not able to guarantee the due remedy towardsthe violated benefit and also against the requirements of administrative law.Furtherly, the text points out the actuality and the existent issue of the application term and the quote obligation of administrative reconsideration remedy of administrative omission because of its particularity. Besides, this chapter analysed the different decision modes in different conditions, concluding rejecting application, affirming irregularity, performing in limited time.In the third chapter, the text pointed out the solving project for the above problem. On the remedy scope, as I see it, to grant efficient legal remedy to administrative omission, the abstract administrative omission and administrative .omission that violates public benefit should all be incorporated in the administrative reconsideration remedy system. About the application term and quote obligation , my point is that the law provision should be confirmed by balancing the two side'interests and favoring the related people's benefits. Aiming at the decision modes, the text pointed out the approach to perfect and solve them in order to exert the function of the administrative reconsideration remedy much more...