Concerning Administrative Not As The Judicial Relief

Along with the progress of democracy and the legal system and strengthenfurther, people’s concept of legal system and rights protection consciousnessunceasingly strengthens, administrative lawsuit system increasingly thorough popularfeeling, not as an administrative action was unprecedented attention, not as a behaviorto the administration lawsuit also has increased year by year of power. Administrativenot as behavior is a kind of special form of administrative illegal activities, and refersto the administrative subject in legal duty to be and, therefore, the administrativesubject once constitute administration not as will surely be illegal, in the legalconsequences, also will inevitably lead to public interests and personal interests aredifferent degree of damage. In our country, the law on administrative theory hasalways been not as debate, in judicial practice was also tricky. Administrative not asitself has certain concealment, together with our administrative legal systemconstruction short history, the administrative not as theory research have not beenformed a complete system, the legislation and are not perfect, from the current laws tofind targeted and practical operation can be relevant measures. The court in thehandling of administrative cases not as there are many disputes, the processing of thislack of standardized and unity, is very detrimental to safeguard people’s rights and therule of law the construction of the country. In view of the current administrative lawenforcement process the existence of a large number of administrative not as a fact ofinfringement, and the administrative law about the strength of the study theory ofbalance, this paper hope that through this problems are analyzed and discussed, cancause related legal research people’s awareness and attention, and operate as thetheory of administrative don’t discuss, for system consummation, the judicial practice and relative person’s rights to provide some Suggestions. Paper is divided into threesections.The first chapter is the concept of administrative omission. This section firstintroduced the theory of administrative law of administrative not as a differentunderstanding of the concept of, through the analysis and comparison of the centralissue, this paper put forward the concept of administrative don’t know and define as,after analysis for the administrative not as the judicial relief to construct a platform fordiscussion.The second chapter is not as a case of lawsuits administration. This section maincombination theory research and judicial practice experience, and the focus of judicialreview to prosecute the plaintiff’s fitness as case, the scope of accepting, burden,judgment methods of the article. From protect legal rights of the parties and tostrengthen the supervision of the administrative organs perform Angle, to in recentyears about the theory of abstract administrative not as a violation of theadministrative public welfare and not as a hot issue and discussed in this paper. Toexpand our administrative not as the scope of accepting cases deeply thinking, thereare conditions will be included in the scope of judicial review of administrative not asthe types of cases were summed up, at the same time, to not as a case, the original, theaccused, the share of the burden of both parties are analyzed, and the burden of prooffor both sides, obligations are discussed in this paper.The third chapter is administrative not as administrative compensation lawsuitcase. This section special view of our country at present the administration not ascompensation for damage, the lack of legislation to the present situation of the lack ofprotection, on the foreign compensation system of reference, and puts forward therelevant administrative compensation of the legislation of ideas and suggestion, hopethat through to the administration not as the judicial relief related problems analysis,for the administrative legislation, judicial practice and theory research departments toprovide some reference.