The Theoretical Definition Of Administrative Nonfeasance And Perfection Of Ligigation Rescue System

The issue of administrative nonfeasance is not only the puzzle in the judicial practices but also the hot point in the administrative law academia. More and more nonfeasance cases heard by the courts but a few of the relative studies appeared in the administrative law theories. As the different opinions in the theories that cause the different judicial attempts, this paper would try to find a proper theory and the rescuing system fitting for the current situation through the analysis and the studies over the concept of administrative nonfeasance and the disputed problems.The whole context is divided into six parts:part one is the "concept of administrative nonfeasance", which discusses the certain idea of administrative nonfeasance and the definition based on the various views abroad. Part two is the "classification of the nonfeasance", which shows the analysis of the different forms of the actions and legal meanings of the detail classifications. Part three is the "comparison between the nonfeasance and the malpractice" from the following aspects as the origins, the formulations, the legal consequences and the judgments that helps the deeper understanding of this concept. Part four is the "introduction and evaluation about the litigation rescue system concerning the nonfeasance abroad, which appraised the active way to the establishment of Chinese litigation rescue system in nonfeasance by the comparison between the Anglo-Saxon legal families and the Continental legal families. Part five is the "current situation of Chinese litigation of nonfeasance", which introduced the spectrum of hearing, the limited epoch, the proof burden, the judicial arts that shows the flaws and disadvantages. Part six is the "perfection of the litigation rescue system of Chinese administrative nonfeasance", which puts forward the perfection suggestions from the standpoint of the plaintiff's benefits and the defects and the comparison of the foreign litigation rescue system.