The Study Of Administrative Inaction

Administrative inaction, is not only an important part of theoretical system of administrative law, but also an urgent need to solve practical problems. Compared with abroad, the theory study our country is relatively weak and concept is not regulated. On the basis of the analysis of the existing research results, the author tries to research from the concept of administrative inaction, form of expression, constitutive requirements and regulation. Hope to unify administrative inaction theory and respect regulation under the new situation.The first part: the connotation of the administrative inaction. Based on the existing administrative inaction connotation, this paper points out the existing theory of controversy and analyzes, discriminates the administrative inaction and the related concept, thus putting forward the definition of the administrative inaction, this paper briefly summarized as " The said as the obligation to execute ".The second part:the performance forms and constitutive requirements of administrative inaction. In this paper, combined with the latest judicial practice the administrative inaction, stating "not full legal responsibilities" and "authority is not clear, mutual shuffle and transfer not timely" in detail. Analyzing the new features of administrative inaction constitutive requirements, such as the expanding of administrative subject scope; the expansion of the obligation source; In the subjective aspect of administrative inaction, the author tried to introduce a presumption of fault liability principle in civil law,and from the Angle of "expected possibility" negative administrative inaction "as possible".The third part:the regulation of administrative inaction.Normally administrative inaction regulation requires legislative, administrative and judicial organs take measures. This paper mainly discusses he regulation of administrative inaction under the accrual list. One of the purposes of preparing the accrual list is regulating administrative inaction, this paper will give accrual list administrative law meaning, from the legal administrative functions and powers (do), the administrative power operation process (procedures and time limit), administrative inaction responsibility tracing mechanism (do not) three aspects expounds the regulation of administrative inaction,and putting forward the proposal of regulating administrative inaction.