On Relief, The Administrative Omission

The remedy for administrative omission is quite a thin spot in the research of administrative jurisprudence of China. And at the time of administrative supply,this matter is a difficult subject of administrative jurisprudence research as well as a problem needing to handle in the administrative legal construction,as what Wang HeXiong,a Taiwan scholar,has said,"this question involves so many fields and theories that there are lots of disputes on it even in Germany and Japan." And here,I presume to express a little of my opinion about it to arouse more valuable ones from others.What is ADMINISTRATIVE OMISSION is a question not settled yet in the administrative jurisprudence theory of China. From the angle of main constitutive requirements,I give the definition of it as following:ADMINISTRATIVE OMISSION is a condition where the subject of administrative leaves his legal duty of act undone. Its characteristics are passive,illegal,procedural and dormant. Then according to its characteristics,I analyse the harmful representation of administrative omission,therefore put forward the idea that it should need remedy. To explain it clearly,I probe into the theoretic basis of the remedy for administrative omission,point out that the administrative omission bears the characteristic of illegality,therefore needing remedy. On the bases above,I go further into the ways and defects of the remedy for administrative omission in China and advance a little ideas to perfect the remedy of administrative omission.