Study On The State Compensation For Administrative Omission

In recent years, As the administrative omission as a result of tort damages happen often, However,no the laws and corresponding regulations for this in our country, Resulting in the victim difficult to get appropriate compensation, That makes administrative omission of State Compensation became a hot topic in legal circles. The so-called administrative omission is that administrative authorities can or have the ability to fulfill but failure to perform administrative relative person legally apply and the laws and administrative regulations of legal obligations or duties. In this paper the author for the study with the National Compensation of administrative omission,for the loss by the administrative omission involved for state compensation related the theoretical issues and judicial practice and and put forward the corresponding solutions, corresponding solutions.The author total four chapters in this article. The first chapter introduces the basic theory of administrative omission, The author of In this paper shall be elaborated in six aspects, That is the concept of administrative omission and proposed, nature, classification, Components and features. Elements of administrative omission is the focus of the author described in this section. About the administrative omission of the State Compensation theory, the author shall be discussed in four aspects, The concept and proposed of state compensation, Administrative omission theory for state compensation, and administrative omission state compensation Elements. The second chapter through the introduction of cases mainly introduces the current situation of the state compensation of administrative omission, In the second section mainly introduces our country’s administrative not as the two views of state compensation,in the second section focuses on China’s existing laws related to administrative omission compensation do simple treatise, In the third section, the author expounds from three aspects of China’s current administrative omission defect state compensation of administrative;The Third chapter discusses the status of research abroad on administrative omission for state compensation, The author accordance civil law and common law two legal features, Finally, the foreign state compensation liability for administrative inaction significance of reference to our country;The fourth chapter is to perfect our country’s administrative not as some suggestions, From eight point put forward their related views how to our current administrative omission for state compensation problem.