On The Administrative Omission,

The administration did not take, not only is an administrativelaw theory system important constituent, is the practice questionwhich urgent needs to solve. In recent years along with thelegislation gradually consummation and the people law consciousnessenhancement, in particular the administrative proceedings thoroughdevelopment, the citizen, the legal person and other organizationshapes considered the administrative organ achievement the casequantity suddenly not to rise, the administration has not caused thepeople as well as the social from all walks of life widespreadattention as the phenomenon, also was the question which theadministrative organ directed to think deeply. This article makesevery effort in to the existing administration not to take the illegaltheory induction and in the research foundation, the union overseascorrelation theory, to the administration not as the concept limitsand to the administration did not take in the judicial relief therelated question launches the discussion with to inquire into, not hasthe help take the time as the administration as the theory thoroughdiscussion and the system consummation. The full text altogetherdivides five parts:First part: Administrative not achievement limits: This part, hasdiscussed the administrative not achievement concept, and relimits toit, thought the administration did not take is refers to theadministrative main body and its the staff violates the administrationby the negative way to take the voluntary the administrative action.Do not launch from the world other countries administrations as theconcept, by the mainland legal system administration did not take andthe English America legal system administrative achievement does notcarry on the analysis for the comparison, all limits theadministrative not achievement by the legal achievement beautiful.Also judges one kind of behavior whether constitutes theadministration not to take as well as to constitute what kind ofadministrative not achievement the important standard. In to ourcountry administration achievement viewpoint in, has not carried onthe elaboration to five different viewpoints, proposed theadministration did not take not merely is in the procedure, moreoverin the similar existence entity administration did not take.Finally,in the author synthesis five viewpoints summarized our countryadministration not to take four aspects the meanings.Second part: Based on the administration did not take does not have tothe administrative achievement particularity, mainly aims at theadministrative not achievement in this part five characteristics: Oneis the administration did not take has the negativity, two is theadministration did not take has illegal, three is the administrationdid not take has the hiding, four is the administrative achievementnon- freely does not decide after deliberation the nature, five is theadministration did not take has the social hazardous nature.Third part: Main elaboration administration not achievementconstitution important document: The administrative achievement mainbody does not have to be the administrative main body; Is theadministration does not take the constitution as the duty the premise;As the possibility is the administration does not take theconstitution the subjective important document; The administrativemain body has not fulfilled or does not have comprehensively tofulfill the legal achievement duty in legal either the reasonabledeadline is the objective important document. The legal achievementduty as the administration did not take in the research the importantquestion, has also made a more careful elaboration in this part.Fourth part: Administrative not achievement main manifestation:According to the different sign brigadier general administration didnot take the division is: According to the application administrationhad not taken with had not taken according to the authorityadministration; Concrete did not take with is abstract did not take;The internal administration did not take did not take with exterioradministration; The procedure administration did not take and theentity administration did not take; Violates the public interest theadministration not to take and violates the personal interest theadministration not to take. Type processing is helpful to us does notpenetrate to the administration as the research and has pointedconstructs the corresponding relief system.Fifth part: Administrative not achievement relief way: Theadministration did not take has the many kinds of manifestation, didnot take regarding the different administration, must adopt thedifferent relief way, the author believed, in order to cause not totake obtains the effective legal relief, should expand theadministrative not achievement the relief scope, should abstract theadministrative not achievement, the harm public interestadministration not as and so on one and brings into line with therelief scope.