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Administrative Omission Judicial Relief

Posted on:2005-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y KongFull Text:PDF
GTID:2206360125467748Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the times of Given Administration, governmental task is not limited as passive protector of orders, and it should positively provide citizen with all kinds of Given to exercise tasks of survival and care. But if administrative agency should not exercises their authorities or passively omit tasks, how does legal supply remedy? This is not only a new welcome theory in the administrative law circle, but also a difficult subject needing to handle in the administrative practice and judicial practice. And here, I presume to express a little of my opinion about judicial remedy for administrative omission by consulting overseas related theory and interior researches.At present, the concept of administrative omission has not defined finally in our country. The thesis is based on the concept, and puts forward that administrative omission may be legitimate or illegal according to subjective condition. Then it researches further into administrative lawsuit of administration omission.
Keywords/Search Tags:administrative omission, judicial remedy, exercise duty, lawsuit system, state compensation
PDF Full Text Request
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