Discussion On Some Issues Of Administrative Omission Litigation Relief

Although the citizens have become more legally conscious and expect the governmentaladministration to become much better, with the furtherance of governing the countryaccording to law in our country, the phenomenon of administrative omission is outstanding inrecent years, even let to all kinds of events which have great influence, and also the numberincrease of administrative omission case placed great pressure upon the people’s court. Theinviolability of law has been challenged that the administrative omission appear in socialundertakings and people’s livelihood because of administrative omission characteristics whichsuch as illegality negativity and concealment as well as imperfect of legal system, lack ofsupervision. In this condition, we should innovate the supervisory mechanism to meet thespecial need of supervisory, furthermore, in order to safeguard the administration counterpartlawful rights and interests, that how to promptly taking remedial measures after finding outany administrative omission is very important.Based on the theory of where there is a right there is a remedy, the route ofadministrative relief shall be integrity and comprehensive which include administrativeproceedings, administrative reconsideration and state indemnity. Aiming at the accuse relief ofthe administrative omission the paper select three questions to do some research.The chapter one discuss acceptance scopes of administrative omission litigation relief.After analyze the reason that the scope of accepting cases in our country, the author thinksthat the scope of accepting cases should meet the demand of the administrative relative personrights relief. Besides the statutory scope, some case such as abstract administrative omission,infringe the public interests administrative omission should be brought into the administrativeomission litigation relief scope. Chapter two discuss litigation relief. At present the limitationperiod in our country is too indefinable to protect the administrative relative person’slegitimate rights. How to determine the limitation period of administrative omission shouldmake a difference between application administrative omission and officio administrativeomission. It have to base on protect the legitimate interests of the administration counterpartand play the role of judicial supervision.Chapter three discusses the burden of proof onadministrative omission litigation. The allocation of the burden of proof should be adapted tothe demand of the society, distinguish different types of administrative omission act, anddistribute the burden of proof reasonably..