On The Judicial Remedy Of Administrative Omission

The issue of Administrative Omission is producing great impact on administrative law circle and administrative litigation law circle. It has theoretical and practical significance to do systematic and deep research on it. So the author attempts to make a study on remedy for administrative omission in the present paper. The thesis is composed of three parts. The first part is the research on the basic conception of administrative omission. By listing the current options, the author makes a conclusion of the administrative omission, which is the administrative agency do not execute the statutory (not illegal), particular (not abstract) duty in legal time limit and have no clear meaning in administrative procedure. The dominant structural element of administrative omission is the foundation of commission duty. The second part is an analysis on the litigation system of administrative omission. Countries in the world carry out different system. The action of performance should be aimed at the field of traditional management, the real of Give administration, the sphere of identification and confirmation. In the judgment, court should abide by the principle of administrative discretionary power. In our country, the litigation system of administrative omission should be set up, that takes the action of performance as dominant factor, and the action of declaration as sub-ordinary factor. The third part studies on the theory of state compensation for administrative omission. State compensation of administrative omission is closely related to citizens'profits. Lots of countries in the world are reluctant to extend the area of state compensation for administrative omission; for fear that state financial resources can not afford it. The author analyzes three kinds of state compensation according to related laws of our country.