Administrative Research As A Problem

As a natural form of administrative acts, administrative omission is, neither in theory nor in practice, given popular attention as widely as its "twin brothers" administrative as, the scholars of administrative law do research on the theory of administrative acts mostly gathered in the executive and legislative, administrative licensing, administrative penalties, administrative enforcement and other administrative as, while administrative omission is not given enough study on its theory in-depth and systematic. This paper attempts to discuss issues related to administrative omission based on the summary of administrative omission, combined with relevant foreign theory and learning advanced system from other countries, I hope it can provide limited help to improve the theory and the system. This Paper is divided into four parts:The first part is the concept and the root of administrative omission. This part try to sum up the concept of administrative omission on the base of analysis on theory at home and abroad, is illegal administrative acts that the Chief Executive and its staff has a statutory body of the executive as the obligation(including the obligations generated by application and by its duty), it doesn't fulfill the action in the procedure or within a certain period although it could, and there is no intention in the program or there is but it doesn't do actually. This part also summarizes the characteristic of administrative omission, and points out its root.The second part is the constitute and classification of administrative omission. This part points out that the constitute of administrative omission include five aspects on the base of its concept and characteristic, they are the premise, the subject, the Subjective, the object, the objective. The administrative omission can be divided into different types according to different criteria, including administrative omissions by application and by its duty, by violation of public interests and by violation of personal interests, by those specific and by those abstract, by those can be actionable and by those not can be actionable, by eliminating the Interference and by grant of rights, by intention and by oversight. The third part is the legal responsibility of Administrative omission. Firstly, the status and significance to state liability of the Administrative omission was analyzed; secondly, the constitution to state liability of administrative omission was discussed, including five aspects:omission exists objectively, the damage exists objectively, causality exists objectively between the damage and the omission, exhausting other compensation when responsibility mixed, exemptions were not existed; Finally, the scope and form to state liability of administrative omission was described.The fourth part is the relief to administrative omission. The administrative review and the administrative litigation are two main ways of relief to administrative omission, they are described respectively on this part. This part also points out the lack of the existing legal system by analyzing the law, and some sound ideas and measures to be given to help complete the existing relief system.