Causes For Water Administrative Omission And Analysis Of Its Countermesuress

The administrative malpractice is a kind of administrative illegal condition which makes authority and the grave responsibility come apart. It has violated the social public interest and the relative person's legitimate rights and interests, also run counter with the legal administration requests of the government. This article take the legal administration as the rationale, make a theory elaboration of the administrative malpractice, analysis the performance and origin of water administrative malpractice. From the angle of administrative law, it proposed the preliminary approach to abolish the water administrative malpractice.The administrative malpractice refers to one administrative illegal condition that the administrative main body (through its staff) who have the duty and responsibility to act according to the law fail to take the duty and exceed the time limit. This article puts the administrative malpractice in the vision of legal administration, carries on the analysis from the angle of authority legality, the procedure administration, the responsibility administration, the positive administration.It states the views that the administrative malpractice is the result of the legality of administrative authority, ambiguity of legal ambiguity, negative abstain of the legal duties on the part of the administrative main body;the result that the degree of administrative procedure legality is inferior,it lacks the necessary of the administrative effectiveness control; the outcome that authority and the responsibility comes apart, the responsibility investigation mechanism imperfect; the outcome of government role dislocation, the weak service consciousness. So in order to achieve a goal of legally nation, legally administration, we must take the measures to control administrative malpractice.Administrative omission is mainly manifested in the field of water administrative legislation, administrative law enforcement of water and water engineering management field. The administration of administrative legislation field, the administrative body is essentially not lawfully exercise laws formulation, amendment and repeal of authority. Water areas including water administrative law enforcement of the administrative supervision and inspection, investigate illegal cases in water as the administrative licensing examination, water conservancy, not as a collection of fees for the administrative enforcement and water. Water project management as the main including engineering administrative not the defects as the administrative management, engineering as etc.For water administrative omission, both the subjective and objective reasons there. But subjectively, the administrative legal consciousness, mainly RenQingWang personal qualities, law enforcement personnel and relationships and "sir" will interference, etc. Objectively, including the legislative reasons, the administrative law enforcement system and habits etc.This section is a core component of papers. Administrative law is the most effective administration as the legal control can be realized by means of administrative law and administrative not as comprehensive control. Strengthening ideological education, mainly including legislation to further clarify the duties according to law, strengthen management, improving the system of administrative enforcement responsibility, the administrative body as incentive mechanism, perfect the administrative law enforcement procedures as water content.