The Research About Administrative Omission Infringement Compensation

In real life, administrative omission is not uncommon as an infringement. The《State Compensation Law》 and judicial interpretations make the relevant provisions aboutadministrative omission infringement, and accumulate a great deal of experience dealing with the cases in the judicial practice. However, many points of the jurisprudence about administrative omission infringement compensation, do not reach an agreement. There is a lot of controversy on dealing with administrative omission cases in the judicial practice. This article selects a real case, and talks about three points at issue reflected in the analysis of cases, in order to comb the issues of the administration omission infringement compensation.The first part briefly introduces the case of six built in Hainan, Wuxi Branch v.Housing Authority of Haikou City, Haikou Municipal People’s Government as executive compensation. Analysis of the case lead the three main points of discussion aboutillegal compensation of the Administrative omission, that is, the essentials of administrative omission, the elements of the administrative omission illegal compensation,and apportionment of liability.The second part combs the essentials of establishment of administrative omission.Firstly, discriminating the concepts of administrative omission.There are three concepts of the administrative omission focusing on statutory responsibilities, procedures or forms of behavior and the specific legal obligations.The author agrees with the third. After determining the concept, the main elements of the administrative omission are advanced.They are administrative body, active obligation and being able to perform whilenot performing. On this basis, identifing the administrative body having administrativeomission in the case.The third part illustrates the elements of the administrative omission illegal compensation, while focusing on the relatively complex causal relationship. Firstly, list the five doctrines of the causal relationship: direct causal relationship, conditions, reasons, quite causal relationship and regulatory purposes, then analyse the inadequacies of the d octrine by a case. Finally, a detailed analysis should be based on a wide range of point of view to determine the administrative omission of a causal relationship in the illegal compensation.The fourth part focuses on the administrative omission and civil infringement being mixed, liabilities of the administrative body. On this issue, there are four theories: civil exhausted, administrative advance compensation, the choice of compensation and share responsibility. The author is in favor of the share of responsibility, although theshare of responsibility is not perfect.But compared with the other three theories, the share of responsibility can be used for judicial practice.In this paper, the research method is literature, and focusing on the interpretationof the context and purpose of the interpretation method.