On Legal Control Of Administrative Omission

Administrative inaction means an illegal state in which powers and duties are seriously separate, which is inconsistent with the rule of law in the administrative branch for it violates the public interests of the society and the lawful rights of the person who is subject to the administrative action. This article embarks from the administrative jurisprudence research scope, based on our country reality, the elementary theory of the has carried on the discussion, has analyzed our country administrative inaction present situation, the performance and the reason, and profits from the western nation not to control the mechanism to the administrative inaction, proposed constructs the administration not to take the legal control mechanism the tentative plan. The article is divided into five parts:Part one: introduction. the introduction selected topic reason, is clear about the thesis and the research technique.Part two: the fundamental theory of administrative inaction. The concept of administrative inaction stems from the period of positive administration of the rule of law and develops with the developing of positive administration. Administrative inaction 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 Administrator doesn' t comply with the law till the expiration. The components of administrative inaction have three characters: Firstly, the prerequisite of administrative inaction is that the Administrator has the legal duty which is not discretionary with the Administrator. Secondly, it must be likely that the administrator has the capability to pursue the administrative action. Thirdly, the administrator doesn't pursue the active administrative action in the procedural stage till...