On The Administrative Omission And Its Legal Regulation

Recently, there is a new hot spot on the judiciary, which is the administrative nonfeasancephenomenon and it has received more and more people attention, although this phenomenonhas been also exist for a long time but not so many people paid attention before. Thedevelopment of this phenomenon is a result of penetrating of social legal propaganda andstrengthening of the citizen’s legal consciousness. This article carries on the systematic studyof the government’s inaction, gives opinions on some legal regulation this behaviors, andstudies from the aspects of concept, characteristic as the starting point, to classify thesebehaviors.The existing of Administrative inaction, especially the phenomenon of illegaladministrative inaction increased year by year, which severely restricted the cadre troopconstruction and the improvement of administrative working level. This kind of phenomenondamages the image of the party and the government, and if we can’t fundamentally solve thisproblem, this phenomenon will be more and more serious and rages rampant which resultsirresponsible working style. Administrative organs of citizens includes governmentadministration of villages, countries and cities, which has a wide range.Administrativenonfeasance cases have become a new growth point of administrative litigation cases in recentyears, which we have to highly focus on.In order to improve the efficiency, we can focus on the legitimacy review, but based onconditions that we have to master the key composing points of administration action andinaction. As and as components of these two aspects are the. And it also helps the courts todistinguish legal categories. According to the specific situations, we can divide litigation intoadministration action and administrative inaction as two types. During administrativelegislation, we can not only focus on administrative action, but should also focus onadministrative inactions. Only in this way can provide legal proves for inactions. Currentlythere are two problems for institution of our country. First one is too micro-controlledadministrations, and headcounts are not sufficient for market regulating, macroeconomicmanagement, social management and public service departments in the organization setting, function configuration. The other one is the cross function of government divisions, similarnature of convergence, and too detailed job divisions, all of which caused low efficiency ofstates administration. For example, the health department, the ministry of commerce andindustry, the quality and technology supervision department, and the food and drug regulatorsall have the power and the obligation to monitor and regulate national food hygiene andsafety, but due to this, department kicks ball from one to another, which caused no actualsupervision and management, and resulted in low administrative efficiency and administrativenonfeasance phenomenon.Therefore, it’s quite necessary to pay more attention to the study of illegal administrativeinaction, and find out the concrete solution to solve the problem of administrative inaction.Solutions needs scientific administrative organization and civil service system, and also aperfect system of administrative procedure. We should not only improve external forces, suchas national power and social supervision of executive power, but also explore theadministrative system of effective internal management mechanism. We should not onlystrengthen tracing power for responsibility of non-action stuff and administration department,but also focus on focus on the cultivation of the administrative personnel and relief, ect. Tocontrol illegal administrative inaction, we must carry out civil servants professional ethicseducation, improve the administrative responsibility, improve the administrative nonfeasancelitigation relief system, and put the administrative liability into the scope of statecompensation. At current stage of our country, the provisions of the state compensationsystem for the liability for compensation is not very clear, so if we include the administrativeinaction compensation into the state compensation system, it will improve the compensationsystem of the country. And, once we establish state compensation system for administrativeillegal behaviors, the value is not only with this, it can also improve the consciousness ofcitizens in accordance with law, safeguard the legitimate rights and interests, strengthen theconsciousness of administrative organizations to take the responsibility of administrationaccording to law, and make the entire process of the rule of law of socialism.This article is divided into three parts.The first part mainly expounds the concept of administrative omission, constitutiverequirements and the characteristics of administrative inaction, through the analysis of main viewpoint of academia and administration as a contrast, on the basic theory of administrativeomission in detail, this paper points out the harm of the administrative omission phenomenon,which explains why should make the law regulation of administrative omission phenomenon.The second part discusses the administrative omission relief system, litigation byimproving existing relief system, expand the scope of judicial relief, only administrativeviolations of common interest as well as abstract phenomena are classified as administrativeomission able to review the scope of the judicial, further improve our system ofadministrative compensation for administrative omission relief the difficulties encountered inthe analysis, and to propose some solutions to look forward to making administrative relativeperson’s legal rights will be protected.The third part discusses the administrative omission legal regulation, in accordance withthe trend of the development of administrative law, through the improvement of legislationand relevant judicial procedures, enhanced transparency and timeliness of administrativeprocedures and other methods of administrative omission to govern fundamental phenomenaand prevention, effective put an end to administrative omission phenomenon.