On The Definition Of Administrative Nonfeasance And Litigation Relief

Administrative omission means an illegal administrative behaviour that administration corpus and administrative officials who have positive and legal obligation don't implement surely on conditions that it must behave or probably during legal or reasonable term internal within the scope of the job legal power . (Administrative omissions that administrative corpus implement mainly include power-oriented administrative omission and administrative omission without nonperformance administrative obligation .The administrative omission that this text inquires only means administrative omission without nonperformance administrative obligation. )0ccording to official power, administrative omission is legal; occording to behavior performance, it is negative; occording to the law characteristic, it has break the law; occording to the process of behavior, the procedure is not complete.The behavior corpus implementing the administrative omission is an organization that carries out the administrative omission. But the responsibility corpus implementing administrative omission means the corpus that should undertake the responsibility .As for some problems of the performance of hermeneutic provides, citizen, legal person or other organizations initiates prosecution by law, if defying towards administrative behavior of the national administrative organizations owed administrative official power and staff members, should falls into the jurisdiction as administrative litigations. The rule opens widely the realm of the administrative behavior that can be initiated prosecution, that brings administrative contract into the judicial succour scope. Administration commitment should enbody the administrative obligation of administrative organization. In regard to administrative obligation, it should not be released to the society as administrative commitment. What's more, administrative commitment cann't extend or contract the administration obligation.The scope of administrative commitments should be limited by conditions administrativeorganization implements administrative obligation, for example, method, means. . . etc. But the items that administrative organization and its staff speed up oneself shouldn' t belong to the administration commitments. The administrative organization should implement completely after it makes an administrative commitment, otherwise take the law responsibility. Promulgation of the Administration Replies Argument Action affirms judicatory investigation of part abstract administrative behaviors for the first time. It have already confirmed formall judicatory investigation of the abstract administrative behaviors .Therefore, It is also inevitable to bring the abstract administrative behavior into the judicatory investigation scope, in order tolink up the Administrative Litigation Action with the Administrative Replies Argument Action.Administration lack of capacity means that the administrative corpus can not finish the process of the legal behavior because of the objective environment in the process of carrying out the administrative behavior. Administration lack of capacity have not only characteristics of administrative action, but also performance appearances of administrative omission. It is difficult to catch. In the judicial situation, that someone congsideres refusing behaviour as a kind of performance appearance of administrative omissions is wrong . Refuse behaving usually occurrs under the condition of the opposite person of administration applying toward the administrative corpus, but there are conditions that administrative corpus don't behave according to the proper administrative obligation in the existence of the judicatory practice.The current administrative omission litigation succour law system of our country is a collateral law system with laws , other administrative laws, regulations and judicatories. The administrative omission litigation standard is the opposite person' s subjective cognition, namely the opposite person or r...