The Nation Compensates Of Administrative Omission

Administrative omission is a semantically empty administrative Act which doesn’t change current legal relationships. In spite of that, its infringement is more obscure, dangerous and frequent in comparison with llegal administrative act. And it make the other party or the public interest suffer huge losses virtually. Just like the Accident of Blowout out of Control in Kai Xian of Chongqing, the case of milk powder in Fuyang of Anhui and so on. So many brutal truth passed in review before our eyes and we have to take a serious consideration of the problem of administrative omission and the nation compensates of administrative omission. We will analyse the nation compensates of administrative omission through five part in this paper.The first part:Fundamental theory of administrative omission. In this part we study the concept of administrative omission in China and in the western countries, and focus on the analysis of defining the concept of administrative omission. There is a debate on it in the academic world. We introduce the advantage and disadvantage of different definition and draw a concept of administrative omission:It’s a state of being illegal that administration and the organization authorized by law didn’t fulfill the legal obligation in legal time limit or a reasonable period.The second part:The necessity of the nation compensates of administrative omission. In this part we use for reference of the rules about the nation compensates of administrative omission of western countries and provide a reference of perfecting the system of nation compensates of administrative omission. We enunciate the necessity of setting up the system of nation compensates of administrative omission.The third part:The constitution of nation compensates of administrative omission. There is a debate on constitution of nation compensates of administrative omission in the academic world. The theory of "three elements","four elements" and "five elements" are most popular. We adopt the theory of "five elements":subject, behavior, damage, cause-effect relationship and the legal basis.The fourth part:The definition of nation compensates of administrative omission. In this part we analyse the factor which influence the nation compensates of administrative omission: subjective state of mind, objective act, the possibility of predicting the danger and the possibility of avert. Also, fault of third party and victim are the elements that influence the nation compensates of administrative omission.The five part:the suggestion of perfecting the system of nation compensates of administrative omission. In this part I put forward the proposal of perfecting the system of nation compensates of administrative omission which conclude:taking a clear conception of zhe administration’s active duty, expanding the range of administration review and administration proceedings, perfecting the system of lawsuit for commonweal of administration. Though it may hardly bore the stamp of maturity, I hope it will be a modest spur to induce others to come forward with valuable contributions; throw a sprat to catch a whale. And I expect to set up a system of nation compensates of administrative omission to protect the legal right of citizen, corporate body and organization, and push the administration follow the law and be strict in performing their official duties.