On Precaution And Redress Of Administrative Nonfeasance

In recent years, large numbers of administrative nonfeasance cases emerge, many of which can not be redressed because of the lack of the laws and rules in the law suit processes. The victims have no way to prosecute and begin to doubt about the equity and justice, further to affect the stability and harmony of the society. On the other hand, the fact that the law ignores the violation of the administrative behavior will in sequence fosterage the spread and expand of the violation. In this case, it makes great sense to study the administrative nonfeasance.In this thesis the author tries to theoretically clarify the connotation and extension of the administrative nonfeasance through the anatomy of it. It extends the elaboration to the construction of the precaution system in the prevention aspect, to the restoration of the community relationship in the redress aspect. Anyway, the thesis is divided into five chapters. The first chapter is the prologue, which introduces the topic and explains the significance and research methods. The second chapter expounds the basic principle, which defines the administrative nonfeasance as a certain illegal behavior or a set of behaviors that the administrative bodies and the commissioned organizations (according to their staff) haven't implemented or duly implemented when they burden the duty on their shoulders. Afterward, it analyses the four elements, main classifications and underpinned principles, so as to clarify the administrative nonfeasance and make it easy to comprehend. The interpretation of the precaution of the illegal behavior in advance lies in the third chapter. Precaution means constructing a rigorous system to watch their conducts and bringing all the administrative behaviors under control. In the surveillance aspect, the author asserts that the state should perfect the legislation including the establishment of united administrative procedure code. The system of responsibility on the first undertaker should be introduced to nail down the responsible body; also more functions should be exerted in the precaution of the masses and the media because they both have the inborn advantages and unshakable status in this field. Chapter Four focuses on the redress for the administrative nonfeasance. Redress brings the second distribution of the benefits, but the fact is that the actual law's ability is not equal to its ambition in this field. So, in many cases the victims have to suffer a second hurt. In order to make the laws keep pace with the reality, the thesis suggests parsing and reconstructing the rules and regulations of the actual law such as "the Administrative Reconsideration Law", "the Administrative Litigation Law" and "the State Compensation Law". The last chapter is the epilogue, returning to the topic.