On The Administrative Omission,

Nonfeasance is the highlight of administrative law research field. The further study of nonfeasance is of great significance to build up a completely scientific theory system of administrative act, to promote administration by law and safeguard the private human rights. Taking the concept and characteristic of administrative action as the point of tangency, the essay herewith tries to give a systematic exploration into the nonfeasance, to discuss the important condition of its institution, put forward the countermeasure to improve the rehabilitation system and bring the phenomenon under control, which consists of 6 parts, about 36, 000 words.1. The concept and characteristic of nonfeasance. Nonfeasance hereby is defined that administrative subject bears both the legislative obligation and possibility to certain deeds, but the subject fails to act in procedure over the duly time. On the basis of the above-mentioned fact, The four major characteristics, such as unlawful, inactive, concealed and socially harmful has been outlined.2. The essentials of committing administrative nonfeasance. According to the fact that the specific characteristic of administrative nonfeasance is different from administrative act, the constitution of nonfeasance must meet the following four crucial points: the existence of obligation, the possibility to act, refusal to entertain in procedure and late by time.3.The manifestation and classification of nonfeasance. 4.The legal responsibility of nonfeasance. 5.The rehabilitation of nonfeasance. Accordance with the law, it is heralded to extend the relief range caused by administrative nonfeasance, to guarantee the interest of private party by confirming unlawfulness, instructing the administrative subject to execute, compensating for the loss and so on, to defend the interest of the people concerned. 6. Some countermeasures for curbing administrative nonfeasance. In accordance with the reasons and harms brought about by nonfeasance, the essay proposes to norm administrative rights, strengthen procedural legislation, build up administrative duty system, improve the supervision over administrative subject, enlarge the legislative investigation scope of the guarantee the interest of the involved party by confirming unlawfulness, instructing the administrative nonfeasance and refrain and reduce further occurrence of administrative nonfeasance.