Administrative Inaction Research

At present, by administrative organs in administrative not as hot social behavior caused problems emerge in endlessly, cause the people in the network of hot debate, for example: zhejiang wenzhou one hundred thousand mu of land idle refers to administrative not as, sanya \"the hammer actions\" caused the administrative not as a hot debate, and so on. In the trial, in view of the administrative behavior whether to belong to not as, administrative not as legitimacy review standard, and does not perform the administrative not as a statutory duties of administrative behavior of the boundaries and administrative liability issues, there are certain dispute, but basis of laws and regulations, the administrative is in about a with laws and regulations as the contradiction between the increasingly prominent. Responsible for the legal obligation of the administrative subject and its staff in the statutory period or exceed the time limit as behavior as a administrative omission,, it is this not as a behavior from the existence of public interest and the interest of the individual is hurt, its form is illegal, so it is necessary to further improve the current legal remedy mechanism, to make the rights and interests are infringed upon by relief. In the administrative omission identified in the administrative, because a relative to the scope of administrative cases the scope of accepting cases of more extensive, so more and more administrative not as cases of the administrative relative person choose through the complaint reporting way to protect the lawful rights and interests, therefore this paper the behavior of administrative as nature, constitutive requirements, analysis, and to search for illegal complaint reporting of administrative not as a way of relief.Administrative behavior is in accordance with law, enjoy the functions of the administrative organizations or individuals to use of the administrative functions and powers of the behavior of the legal significance has. Legal theory, administrative not as there are four theories. The first evaluation theory say, the second, the third theory essence said it is illegal to theory, said a fourth theory program said. The above four views from different Angle judge what is not as administrative, each other large difference between. From the perspective of operation, easy to operate, the real program said said pay more attention to behavior itself "for" state, is a form of still substantial. This paper point more tend to actually not as, but whether they program said or essence, between each other is not contradictory said, just different perspective. This paper argues that administrative not as refers to the administrative subject and its personnel responsible for the administration as obligations (including according to application of obligations and produced as produced by authority as obligation) and can be used as the program because fault was not as or not within a certain period of time as illegal administrative action.In theory, in both the administrative behavior or administrative not as first is a kind of behavior, is a show in the behavior of the state, the administrative subject for the certain behavior or not to act in a particular way to act all administrative relative to have brought some results. There has been no as administrative two theories respectively, it is illegal to theory and neutral theory. Illegal theory has it that administrative not illegality as a, all the administrative not as all is illegal, does not exist not illegal administrative omission. Neutral theory argues that, administrative not as a behavior of form and form, the illegal behavior whether along with other factors need to judge, not as may be illegal, may also is not illegal, not as itself does not have no legal assessment. From behavior look, as a kind of behavior from single form, behaviour defined as the administrative not, really is neutral, it defies said concept in the form of behavior is legal or illegal. Administrative not as a means of administrative organs to breach its responsibilities as the behavior of state, this behavior or facts not only limited to act or not behavior, the shape of the form and other aspects. If the behavior and facts from the state and administrative organs of the duties as the relationship between the administrative relative person's rights and interests protection and administration, if not as defined as administrative not is not only a neutral concept, but a legal evaluation significance concept, this paper argues that administration as a kind of illegal behavior, it is a kind of negative evaluation. Administrative not as the illegality of the behavior performance in action is illegal and results illegal two aspects. Because of the administrative not as behavior for the administrative subject and its personnel according to law and shall be for, with illegal, so it is necessary to establish a relief system, the administrative body responsibility system and the staff of the accountability system. The complaint to the administration not as what relief relief system which aspects complements? First, the scope of added. Second, the complaint to the intervention of the relief time is not as a remedy for administrative of added. Third, the complaint is mainly used to relief "restart related procedures". The administration accountability is the essence of the post responsibility system, the responsibility is a civil servant management system, main is an integral part of responsibility system, mainly aims at is the civil servants in duty behavior, because of their official behavior and assume adverse consequences. Post responsibility itself has objectivity, according to post is in administrative agencies within the system status and role of the establishment, not in the administrative personnel replacement and ability and set. Because in the administrative responsibility of the establishment, has fully scientific and reasonable to consider the various factors, and the power, and the subjective as well as objective factors, so there can be the position of once the tasks and responsibilities be sure, just can't change, is must obey and perform duties.