Chief As The Issue Of Compensation

Administrative inaction are everywhere in society. The phenomenon of administrative inaction gas evoked more passionate attention in the society. It embodies the seriousness of the authoritativeness and credibility of the government and hinders the smooth implementation of socialist economic constructions. These 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. This article is divided into three parts:Part I, Foundation theories of administrative inaction. This part primarily discusses six problems. First, the concept of administrative inaction. After analyzing its concept by other scholars, writer thinks that administrative inaction refers to illegal fact that the administrative corpus which have the legal duty of certain conduct and actions, and can implement but on the procedure they did not implement within reasonable deadline, or not yet finished whole behavior appearance. Secondly, five characteristics of administrative action; differentiations between administrative inaction other related concept (duty of administrative inaction, not be used to show, administration can't behave); Administrative inaction requirement should hold three elements simultaneously: the existence of obligation to act, the possibility of commission, taking no act on procedure and overdue on time. Finally, how proceed the law to rectify administrative inaction, writer discusses several appearances andimportant kinds of administrative inaction.Part II, The analysis of the indemnification problem of administrative inaction. This part discussed four problems. First, the foundation of the indemnification duty administrative inaction, theoretic foundation(society foundation, law foundation); indemnification duty of theory and practice of other countries.; indemnification duty of theory and practice of our country; Second, constitutive requirements on which administrative inaction undertake state indemnity. Three constitutive requirements exist: the existence of administrative inaction, realistic and specific damage, and relationship between damage and administrative inaction. Third, indemnification scope of administrative inaction. Writer thinks that the scope should be wider and wider, spiritual impairment should be ranged. Last, realizing of indemnification duty. Writer offers some useful theoretical guide and suggestions in the amendment of the National Compensation LawPart III, Giving remedy to the injuries coming from administrative inaction. The article further points out that the state should have the compensation obligation for the legitimate interests' damages aroused by the administrative inaction. Last, author comments on the inaction compensation principles, compensation methods.