The Study Of State Liability Of Administrative Inaction

Administrative omission relative to the unlawful administrative act as an administrative body in terms of not fulfilling its legal obligations and responsibilities. Administrative omission will also harm the legitimate interests of administrative counterpart, triggering a national liability issues. China’s current "State Compensation Law" State liability for administrative omission is not clear, to a certain extent, affected the relative protection of the legitimate rights and interests of the executive, and therefore, this paper intends to state liability administrative omission relatively systematic study and elaboration. The full text is three thousand words, divided into four parts, points are as follows:The first part of the executive is not as theoretical analysis, the definition of the concepts introduced administrative omission and abroad, through analysis and comparison, I believe that administrative omission is the administrative body bears some legal administrative obligations as and has possibility to fulfill their obligations, but not fulfilling its obligations administrative acts. After the omission of administrative law, legal fiction, negativity and hidden characteristics were analyzed. As we can see that the executive is not as concerned with respect to the executive, it is a legal fiction by the offense, due directly to the victim did not cause the infringement, so there are hidden and other features. The next article and administrative omission constituting elements were analyzed, the author mainly from administrative omission of the main elements of subjective elements and administrative aspects of administrative omission is not as objective elements of the three aspects of the administrative aspects of inaction were in-depth analysis, the final combination of these theories in practice for a case are analyzed.The second part of this paper, the theoretical basis for State liability administrative omission made the introduction, the first is the historical responsibility of developed countries for compensation made a comb, then the state administrative omission liability and Development History introduced. By understanding the history of the two have developed, we can see that the product of state compensation is contemporary democracy and legal system of the country as a liability and the executive is not evolving, they are manifestations of social civilization and progress. Next article not as a national administrative liability theory changes made the introduction, from which we can see that the national administrative omission liability subject to prevailing social conditions and specific systems, showing their different theories, but its showing a rule that has undergone a process by negating the affirmative.The third part of this article is divided into administrative omission constituting elements of State liability, primarily from the main elements of behavioral elements, the fact of damage and causation elements four elements to be analyzed. No executive and administrative body of omission as any difference in terms of behavioral requirements and administrative requirements of the administrative body not as a legal obligation and responsibilities as, and as the administrative body has the ability to fulfill the obligation, but does not perform. In terms of damage to the fact that the elements we should see that the occurrence of damage is one of the prerequisites State liability arising. Damage is generally legal personal rights, property rights and other rights holders interests are infringed upon objective facts. Explore the causal relationship between the executive and the damage does not act as a logical correlation between the results, it is connected with the damage as a result of administrative inaction ties. Causality is caused by contact with an objective to be caused by the behavior and the damage between the results, as the cause of the behavior of both positive acts, including passive inaction.The fourth part is the end of the article, the state administrative compensation system is not perfect, as put forward suggestions, and the burden of proof is mainly from two aspects of the compensation program. The burden of proof, the author first analyzes the impact of the burden of proof allocation factors, the legislative purpose and administrative omission characteristics on the distribution of the burden of proof has an important impact. Then administrative omission State Compensation filing stage, to determine whether there is administrative omission, determine whether to grant state compensation burden of these three stages made perfect proposal. In perfect state compensation administrative omission of procedures, I believe that first handler unreasonable place, needs to improve. Then made on the compensation claims administration program ancestors afterwards, mainly for administrative omission of mixed infringement.