Analysis Of The Administrative Omission Of State Liability

Recent years have witnessed a dramatic increase in the administrative organizations' inaction cases lodged by individuals, legal persons and other institutional entities. The phenomenon of "administrative inaction" has evoked more passionate attention in the society. It embodies the seriousness of the disobedience of governmental officials to the laws under enforcement, which reduces the authoritativeness and credibility of the government and hinders the smooth implementation of socialist economic constructions. Administrative inaction refers to the breaches of law committed by the state administrative organizations and their employees who, under their accountability, and/or under circumstances of legal responsibility, fail to act/perform the legal obligations within the reasonable timeframe. These illegal acts of administrative inaction, however, are opaque and will usually infringe upon the legitimate interests of the individuals and institutions concerned, who seldom receive, or find it difficult to obtain, compensations due to the lack of lawful assistance.The essence of the Administrative Law lies in the maintaining of the interests and responsibilities between the administrative bodies and other entities and persons. Administrative inaction, however, damages the balance of interests and responsibilities. These illegal acts, therefore, have become one of the important factors discussed in the legal sector.This article discusses the relationship between the inaction and the state compensation obligations and probes the issues of whether administrative inaction should be compensated by the state and how to compensate the victims.Primarily, this article extends its points from the definitions of "action" and "inaction" and further defines the contents, nature and law infractions of the administrative inaction. The article points out that administrative inaction is a breach of law and the committed administrative bodies shall shoulder the relevant legal obligations. Secondly, the author, on the basis of defining the state compensation nature and features, discusses the necessary factors and values of the state compensation for administrative inaction from six aspects ranging from the administrative bodies, the purpose of the Law of the People's Republic of China on State Compensation and its regulations. The article further points out that the state should have the compensation obligation for the legitimate interests' damages aroused by the inaction of the administrative bodies and their employees. Last but not least, the author also comments on the inaction compensation principles, compensation methods and state compensation scope and standards according to the compensatory principle of the "survival guarantee" of the Law on State Compensation.