Administrative Litigation System Research

The administrative nonfeasance,as is the case in contrast with the administrative feasance,that is originally that legal actions in theory is classified into feasance and administrative .The author think, shall,according to the meanings and forms of the administrative actions,it is classified into the administrative feasance and the administrative nonfeasance;as long as the administrative body and his staff that are resposible for the legal administrative active obligation,are able to,but do not carry out the implementation of administrative actions after the limit,it can be regarded as the administrative nonfeasance.The auhor divided the paper into four parts,namely:the meanings of the administrative nonfeasance gived;the significances of a sound administrative nonfeasance judicial relief system;the main inadequateness of China's current administrative nonfeasance judicial relief system,and improve the envision of China's current judicial administrative nonfeasance .In the first part,the meanings of the administrative nonfeasance is gived from three areas such as the meanings and feasiblity of the administrative nonfeasance,the main classification and main forms of the administrative nonfeasance,the analysis of the administrative nonfeasance and relactive concepts.The second part describrd the significances of a sound administrative nonfeasance judicial relief system:helpful for administrative nonfeasance violations to obtain timely and effective relief;helpful to supervise the executive administrative body to legitimate,reasonable administrate;beneficial for China to prove the construction of a harmonious socialist society.In the third part,the author introduced the modern development of administrative nonfeasance judicial relief system in China,so that people have a clear idea of its development process;at the same time,the author,from two areas such as the narrow scope of judicial relief and the unexistence of national administrative compensation relief system,analyze with emphasis the main inadequateness of China's existing administrative nonfeasance judicial relief system,which is one of the focuses of this paper.The last part is the another focus of this paper.The author,the base of the main inadequateness of China's administrative nonfeasance judicial relief systemin and learning from foreign experience,proposed two ideas in order to develop China's administrative nonfeasance judicial relief system.First:appropriately develop the scope of the review of China's administrative nonfeasance judicial relief system to include the abstrac administrative nonfeasance and the administrative nonfeasance of public interest.Second:establish the national administrative compensation judicial relief system of the administrative nonfeasance. After appropriate amendments,it is possible for the existing administrative nonfeasance to further urge the administrative body legitimately and reasonable administrate,and to reduce the occurrence and hazards of administrative nonfeasance phenomenon.