Analysis On Administrative Omission

Administrative omission is a hot and difficult subject among Chinese studies of administrative law. Cases concerning administrative omissions are very common in judicial practice. Theoretically, Scholars dissent greatly upon the definition of administrative omission. Due to the imperfection of our nation’s administrative law system, theoretical study on administrative omissions is still at its infancy, judicial experience concerning administrative omissions is also lacking, so theoretical and practical conflicts and confusions are inevitable.Administrative omission is one of various administrative actions. It cause greater damage to individual rights and public interests than illegal agency actions do. And at the same time, it’s a legal fiction with out positive outward presence, so its perniciousness is often neglected. Under such circumstance, a thorough study on administrative omissions is very important for rational perfection of theoretical system of administrative actions, encouraging lawful agency actions, maintaining good administrative order, and construction a harmonious society governed by laws.This thesis is divided into four parts:Part one will come up with the basic definition of administrative omission through presentation of different definitions of administrative omission and analyses of hot point of debates, and lay the foundations for further discussion.Part two will categorize different administrative omissions according to various criteria, and try to observe this subject from different aspects.Part three will discuss the legal liability of administrative omission. This system of legal liability composes of criminal liability, administrative liability and state compensation. Then the constructing elements of administrative omission will be summarized.Part four will discuss the remedies of administrative omission and will be the core of this thesis. I will introduce remedy mechanism established by different countries, and then analyze the defects existing in our country’s remedy system. The practical advice as to the perfection of administrative omission legislation, including detail designs of methods of relief, scope of relief and forms of relief, will be given at the end of this thesis.