Research On Administrative Omission

Currently,in the field of China's administrative litigation law,the administration is not as a case of a large upward trend,but for the administrative omission of the behavior of the harm of understanding,the current practice is still insufficient understanding.At present,there are some differences in the understanding of the administrative omission of the theoretical circle,the current law is not perfect for the administrative litigation relief procedure.Specifically speaking,China's current "administrative litigation law" and its judicial interpretation did not reflect the administrative omission litigation should be the status,its existence is mainly to supplement the administrative litigation and reflect.For administrative omission litigation,the current law is too principled,but the operating part is not much,these general rules are difficult to meet the needs of administrative judicial practice and the rule of law in our country.This paper will be divided into four parts,relatively perfect administrative litigation as the basis of our country at the present stage of development,according to the problems of the administrative omission litigation,combined with China's current administrative omission faced in judicial practice.The first part mainly discusses the theoretical issues of administrative omission.First of all,the administrative omission appeared divided into theoretical and practical foundation,in the part of basic theory of administrative omission put forward three theoretical problems,through in-depth study on three theoretical problems,connotation and denotation as the reality of our country under the administration of the definition,put forward their administrative how to define the field of omission.In reality,the author mainly discussed the theory of executive pay,citizenship theory and state compensation theory,these theories in development as the administrative omission litigation,the administrative omission litigation means to truly safeguard the administrative relative person legitimate rights and interests of the effective means.It is the existence of these basic theories,our country just put the administrative omission litigation into the administrative proceedings,and as a way of making the litigation means to solve the administrative act.The second part is mainly from the administrative organ and the relative person's angle,proposed our country why can produce the administration not to be the lawsuit relief way,and to the administrative not as the lawsuit two function carries on the analysis.The third part is in the stage of administrative omission in our country to discuss the current development situation of administrative omission problems,China's current administrative omission litigation existing problem is the legislative and judicial level have the legislative level,because of the imperfect,legislation of administrative omission litigation often appear unable to according to and in accordance with the law difficult predicament;on the other hand,the judicial practice because of the lack of operability more detailed provisions,all the administrative omission litigation presented problems have characteristics.The fourth part is the key point of this article,this chapter discussed the previous three chapter of China's administrative omission of litigation problems in the basis of analysis on these problems,put forward to perfect the thoughts of their own,because of administrative litigation in China,it is currently facing the problem is more complex,so in this paper in the two aspects analysis the author mainly from the legislative field and the external environment,the author believes that at present,China's administrative omission litigation legislation should be mainly: firstly,expand the scope of the protection of legal interests;secondly,to further clarify the prosecution deadline;thirdly,the construction of public administrative litigation in China.In the external environment,the author suggests to establish an open administrative rule of law spirit and establish a diversified solution to the concept of administrative omission.Based on the preliminary analysis of the administrative omission litigation system,this paper has made a useful exploration on the construction of the system of administrative omission in our country.