Concerning The Abstract Administrative Nonfeasance

Based on the country's first citizen sued the government administrative legislation as a case, the import case " abstract administrative omission" the core of this concept. In the abstract administrative not as a concept, the circle is uncertain. Although the abstract administrative not as contains two related concepts namely the abstract administrative action and administrative omission, but not to the sum of two simple concept abstract administrative don't get a concept. The definition of the concept of abstract administrative omission from the connotation and denotation, two aspects into consideration, we think that the abstract administrative omission is refers to: Formulated with administrative normative documents to the administrative organ, not right lawfully formulate administrative laws, not including the normative document specific interests infringed suffers counterpart. Here, the so-called "set" is generalized, including setting, supplement, modify, abolished, etc. The so-called "administrative normative documents" including administrative regulations, administrative regulations and other administrative normative documents. Abstract administrative omission has richtswitrig and publicity, concealment and negativity. Also because these characteristics make research abstract administrative omission has theoretical and practical problem. So in practice, the administrative organ of the behavior, can form a judgment according to the abstract administrative action is our first to solve the problem. Abstract administrative omission judgement basis for abstract administrative omission components including: premise requirement, objective factor, the result factor and the causal relationship. One premise requirement and including administrative organs and administrative duty as administrative organs as the possibility. Because of the different political and economic system, the theoretical basis of administrative law in different aspects, the influence of the factors of the abstract administrative not as awareness of the problem is also different, especially the abstract administrative omission in different countries in the forms and the abstract administrative supervision mechanism is not a great difference. Our abstract administrative omission forms mainly include: The administrative organ expressly requirements for administrative normative documents and administrative organ fails to exercise its power to enact an administrative normative documents, Administrative organ fails to timely revise the normative document, Administrative organs failed to abolish the administrative normative documents. China's current and relevant laws and regulations for administrative supervision as roughly divided into the following kinds: power supervision organs, Administrative supervision organs, Judicial supervision organs and social supervision. The abstract administrative action in the supervision system can be divided into two categories, one for judicial supervision, Second, the judicial supervision. Among them, the judicial supervision and include power supervision organs and administrative supervision organs and social supervision. Relatively speaking, the supervision system. But in practice there is plenty of malpractice. The authority to supervise, authority, namely "basic" lack of authority lacking administrative organs have a "from cradle to grave" on Europe's "nearly encompassing; people." WeiGuanXing lack "authority", namely authority lack similar to administrative organs, judicial organs, social groups, and even other organizations to individual specific administrative normative documents concerned, Authorities lack of "efficiency", namely, it is at the NPC standing committee of NPC, the supervision of the legislative efficiency is not high on from. The administrative organ for the supervision and . administration authority to the abstract administrative action in the supervision of the constitution and relevant laws have clearly defined. But in practice the supervision exercised also exists some malpractices. One of the most prominent of administrative authorities for lack of "independence" power. "Independence" is the premise and guarantee fair if lack of independence, then a fair deal is difficult to achieve. For judicial organs and administrative supervision with a large number of cases, the provisions of the administrative procedure law cannot satisfy the needs and practice. Especially in the abstract administrative supervision and examination as cases, more exist deficiency. For social supervision, although the law gives social organizations, enterprises and organizations and citizens, but in practice the supervision role is not big. Because only the administrative relative person in specific administrative cases encroached on to an administrative organ concerned administrative behavior of administrative normative documents. And the laws and regulations of no specific ways, such as exercise supervision relatively vulnerable groups, practice in social organizations, enterprises and public organizations and citizens to start this kind of supervision is. How to perfect our country to the abstract administrative supervision, as foreign to the abstract administrative action to improve the supervision system in China to the abstract administrative action of supervision, relief system has a great reference significance. Specifically, the authority to supervise, should strengthen the supervision beforehand. The administrative organ for the supervision shall, prior to improve supervision mechanism. For social supervision and administration of the lag of normative legal documents makers should be set some encouragement mechanism, encourage social organizations, enterprises and institutions and the citizen exercise supervision and regulation of the exercise, this approach to the administrative organs as the role play self-communion legislative activities. For judicial supervision organs concerned mainly adopts the judicial review. To the abstract administrative action of supervision, academia point is to judicial review should be included in the scope. But for concrete system designs differences still exist. To the abstract administrative action on the scope of judicial review, we believe that all of the abstract administrative action should accept judicial review. To the abstract administrative action for judicial review of administrative litigation in China, to the abstract administrative action of judicial review only review the legality. But China's administrative reconsideration system is only for the specific administrative act of legitimacy, appropriate for examination. Therefore, the administrative litigation system reform is imperative. To the abstract administrative action on the judicial examination results, within two kinds of circumstances, first, the plaintiff to the abstract administrative action with administrative litigation should be given the circumstances, the people's court for illegal or inappropriate abstract administrative action revoked or part of the cancellation of the power. Second, the people's court for trial at the specific administrative act of administrative case found under the specific administrative act of the abstract administrative action illegal or inappropriate, and should not be active in shall promptly to the supreme people's court or make the abstract administrative action of superior administrative authority or other organs of judicial review process. To the abstract administrative action in the procedure of judicial review and analysis of many worth, because only guarantee the lawsuit participates in a program to guarantee the right of the entity.