On Judicial Remedy Of Administrative Omission

Administrative Omission not only is a important composed of the theory system of administrative law,but also it is a practice problem to settle eagerly. Thesis on the subject for the study,combined with other legal areas and in other countries do not as a theory s relatively mature, and the relief of administrative issues is not made as discussed.A total of five parts of this thesis.The first parts of "the concept of administrative omission",Having investigated the administrative omssion conceptand representative views in our country’s current legislation.To define its definition and to analyze the constituent elements of definition.The second parts is the necessity of judicial remedy of administrative omission.we classification thorgh the concept and point out the urgency of judicial remedy of administrative omission.The third parts is analyse the legislative situation of administrative omission applying law. Analysis and define the scope and procedures of administrative proceedings and national compensation. Points that it’s hard for the current legal norm to protect the legal rights of citizen by applying law.The forth parts we first leagal relief through the administration omission is not the extra-territorial law as a comparative analysis of the civil law and common law remedy in theory the executive is not different.Finally,the executive is not held as a way through tort liability comparaed with the reference to foreign administrative is not our way to perfect as a relief.The last parts we analyse. The last parts:the remedy system to administrative omission.The exist of administrative omission must violate the public interests and individual interests.There should be remedy if violating had come. So it is necessary to establish relife system in order to remedy rights and interests which is violated.This is requirement of law administrative.The articl discusses the rememdy system of administrative omission from litigation and compensation and so on. According to disccuss the system of administrative omission to give some advise in practice prblem.