Study On Administrative Omission

Recently, the phenomenon of the administrative omission has been increasingly prominent. Cases of the administrative omission have become the key point of the cases of the administrative lawsuits, which has evoked strong social repercussions. Study on the administrative omission, whether on administrative actions or on administrative lawsuits, has great theorectical and practical significance. This thesis tries to make a systematic study on administrative omission, taking concepts and characteristics of administrative omission as starting points, delving its components and categories, and providing some suggestions for the relief system of administrative omission of china.This thesis is composed of three chapter .Chapter One describes the concepts and characteristics of administrative omission. This paper defines the administrative omission as administrative subject having actions and duties and possibilities of administrative actions, but having passive actions or taking pre-procedure actions as its manifestation in outer formation. According to the stipulations of the law or actions of its meanings, administrative omission has four main characteristics: illegality, passiveness, concealment and social harmfulness.Chapter Two provides the components and categories of administrative omission. According to its characteristics, the components of administrative omission include administrative subject taking legal administrative duties as premise and other three aspects. Administrative omission can be divided into concrete and abstract administrative omission, administrative omission not according to application or powers, etc.Chapter Three provides the relief of administrative omission. Through comparison of relief theory of the western counties and research on recent relief way of China, suggestions of bringing abstract administrative omission of damaging the public interest into the range of administrative reconsider and the relief of administrative lawsuits. In addition, suggestions of the public lawsuits, drawing lessons from duty lawsuit models of Germany, building the model of relying mainly on duty lawsuits while making affinming lawsuits subsidiary are also put forward.