Study On The Litigant Relief Of Administrative Omission

Administrative omission procedural regime is a new hotspot in the theoretical circle of the science of administrative law. With the implementation of Ruling-By-Law Strategy, the Chinese people are gaining a better legal sense, which requires a higher level of administration skill on government authorities. In recent years, numbers of administrative litigatition cases are increasing. As the current China does not make a definition of administrative omission and its litigation aid system is over-generalized, lacking of operability, the administration of justice is in disorder. We have necessary to discuss this topic.This dissertation focuses on the administrative omission and its litigation system. Combining with the omission theory in other legal science fields or other countries, The author attempts to establish the framework of the administrative omission litigation system in our country.Omission hereby is defined that administrative subject bears both the legislative obligation and possibility to certain deeds, but the subject failes to act in procedure over the duly time. The four major characteristics of administrative omission and the essentials of committing administrative omission have been outlined in this paper. Then, in accordance with different criteria, Administrative omission has been divided into different types. The importance of administrative omission lawsuit is also analyzed.The auther firstly introduces and analyzes the Administrative omission procedural regime in UK, America which belong to Anglo-legal system and Japan, Germany, Australia which belong to the continental law legal system. Then, the confusion in Administrative omission case is displayed and its cause is analyzed. Countries in the world carry out different system.It points out that the problems exist in the case quantity,the scope of relief,the prosecution period,the burden of proof,the decision type,State Compensation and so on in administration omission lawsuit. The reasons are the cross of domination,deficientlytries of the regulations the basis and soleness of try way to be unitary,civil servant who lacks the sense of responsibility,Lacking of supervision.The system has to improve in the scope, the prosecution period, the responsibility evidence present, the decision type, the compensation and so on many aspect scarries. We should consummate the legislation, improve administration omission in the lawsuit system in order to protect relative person's legitimate rights and interests.