Administrative Omission

The issue of administrative omission is producing great impact on administrative litigation law circle. It has theoretical and practical significance to do systematic and depth research on it. So the author attempts to make a study on remedy for administrative omission in the article.The article is divided into three parts:Part Ⅰ discusses the fundamental theory of administrative omission. First the author makes a conclusion of administrative omission,which is connected with a great deal of views about its concept.Adiministrative omission means that the administrative agency has the specific legal duty which is not discretionary with the Administrator. Although it is possible for the Administrator to perform the duty,the Administrayor doesn't comply with the law till the expiration. Second the author discusses the quality of the administrative omission.Part Ⅱ focuses on the structural element and classifies of the administrative omission. There are four element. So it is difficulty to compose administrative omission if there is a lack of one of these four components. The dominant structural element of administrative omission is the foundation of commission duty. The administrative omission has five classifies.Part Ⅲ focuses on the theory of remedy for administrative omission. Due to the discrepancies of their judiciary system, administrative omission in the the countries of Anglo-American law system and Continental law system have their own unique features. Through the introduction of the redress systems for the administrative omission in the countries such as the UK, Japan, Germany and France,etc, this thesis is to work out the analysis of administrative omission in our country. The existence of administrative omission is sure to bring violation to the public welfare and the personal benefits, so some redress system must be set up for the rights and interests violated to be compensated legally, which is the basic requirement for the rule of modern administrative law. Meanwhile, it is still a tough issue how to redress administrative omission and how to find out and make the legal responsibility taken, theoretically. This thesis is to further probe into how to improve the range and manners of redressing administrative omission in our country.