Study Of The Accuse Relief System On Administrative Omission

In the times of Given Administration, government should not only play the role of passive protector of orders, and it should Positively Provide citizen with all kinds of Given to exercise tasks of survival and care. But if administrative agency should not exercises their authorities or Passively omit tasks, how does legal supply remedy. This is not only a new welcome theory in the Administrative law circle, but also a difficult subject needing to handle in the administrative practice and judicial Practice.In Chapter One, in order to get a better understanding of AO, Administrative omission can be divided into variety kinds, such as specific administrative omission and abstract administrative omission; administrative omission which damages individual interests and administrative omission which threatens common interests; Administrative omission through which subject of administration refuses the citizens' application and administrative omission through which the goal refuses to perform his duty; the abstract administrative omission and end administrative -reconsideration-omission have particular harm.Chapter Two presumes to embodies a little of my opinion about judicial remedy for administrative omission by consulting abroad related theory and interior researches.The questions not taken are analyzed in the thesis, and research the system administrative omission lawsuit in our state.Chapter Three provides the relief of the administrative omission. Through comparison between relief theory of the western counties and research on recent relief way of China, suggestions of bringing abstract administrative omission of threatening the public interest into the range of administrative rethink and the relief of administrative lawsuits. In addition, advices of the public lawsuits, drawing lessons from duty lawsuit models of Germany, building the model of relying primarily on duty lawsuits while making affirming lawsuits subsidiary are also put forward.Chapter Four considers there are six ways to perfect the administrative omission litigation. First, enlarge the remedy sphere of the administrative omission to put the abstract administrative actions and actions that infringe the public interest into it and loose the requirement of qualifications of the plaintiff. Second, extend the time limits of accusation. Third, rationalize the onus probandi. Fourth, establish the summery procedure; Fifth, prefect the judgment modes of the lawsuit, and establish the four modes:confirming judgment, performance judgment, reject judgment and compensation judgment. Sixth, make clear the nation's responsibility to compensation.Administrative omission becomes a focus in the fundamental research in our country, and there are more and more cases of the administrative omission. But our country administration legislative work started later. Until now, the persuasive and systematical theory system has not taken form. This kind of fundamental research flaw caused to many problems in the lawsuit system. There are many problems not solve in lawsuit of administrative omission. To perfect the system, six aspects should be improved:sphere of accepting cases, time limits of accusation, onus probandi, trail meanings, judgment ways and compensation, and then we can realize the social fair and justice and promote the construction of a harmony society.