Research On The Administrative Legislation Omission

The administrative legislation omission is an objective phenomenon in reality. It refers to a negative slack behavior that the the administrative organs according to the law has the executive legislative powers should perform duties of enacting, amending or abolishing administrative rules and regulations, but do not perform or do not perform timely of administrative legislation.The existence of the administrative legislaion omission will affect the rights and interests of unspecified administrative counterpart, it will also adversely affect the public interest. At present, China's administrative law scholars has not yet attracted sufficient attention on the research of administrative legislation omission, it is often be ignored in the theoretical discussion and system construction of administrative omission, So far there has no definite conclusion of administrative legislation omission, supervisory mechanism of administrative legislation omission is also a lack. Therefore, enhancing the research of administrative legislation omission has very important theoretical and practical significance.This paper mainly from the following four sections to research the administrative legislation omission:Part one, the concept, manifestations and bad consequences of administrative legislation omission. First of all, By a case leads to the object of this paper that administrative legislation omission. By analyzing the concept of administrative legislation and administrative omission, abtain the definition of administrative legislation omission.On the basis of a clear definition of administrative legislation omission, analyzing the character, manifestations and bad consequences of administrative legislation omission, with a view to have a deeper understanding of administrative legislation omission.The second part, the constitute elements of administrative legislation omission.The establishment of administrative legislation omission must have certain conditions, through the research of the elements will help us have a further understanding of the meaning of administrative legislation omission, more accuratly identificate of administrative legislation omission in practice. The composition of the administrative legislation omission should include three essential elements that the administrative organs have a legislative obligation, have the possibility of perform and the actual omission or unreasonable delay.The third part, the analysis of responsibility of administrative legislation omission.The infringement of administrative legislation omission to the legitimate rights and interests of citizens is no less than the specific administrative omission, it can hardly be found because of its hidden character. When the administrative legislation omission takes place, the subject of liabilities should bear the corresponding responsibility. This section focuses on the reasons of the administrative legislation omission should undertake the responsibility, the subject of the responsibility, the types of responsibility as well as general defenses.The forth part, the supervisory mechanism of administrative legislation omission.Aiming at the lack of supervisory mechanism of administrative legislation which caused the administrative legislation omission, on the basis of assimilating research of scholars , from three aspects that the legislative oversight, administrative supervision and judicial supervision, put over the tentative plan of complete the the supervisory mechanism of administrative legislation omission, this is also the focus of the article.