Research On The Suability Of Administrative Inaction

Administrative inaction is the chronic problem of the government in the process of exercising administrative functions,and it is also a long-term problem in the theory and practice of administrative law.In 2005,the Supreme People's Court issued the "People's Court on the Administration as the top ten cases," with the basic case,the results of the referee and the typical significance.In addition,in October 2016,China Administrative Law Research Society 2016 annual meeting on the "administrative law key issues:administrative inaction,market supervision,administrative procuratorial supervision"as the theme,the participating national administrative law experts and scholars carried out extensive In-depth exchange of discussion,we can see the importance and attention.However,there is still a lot of blanks in the study of administrative inaction,and there are still many complicated problems to be studied and solved in theory or practice,as compared with the depth of administrative research.On the study of administrative inaction,scholars from different angles were analyzed and discussed.Some scholars from the perspective of the interests of the type of research,the administrative inaction is divided into violations of the public interest and infringement of personal interests of the inaction.Among them,the infringement of personal interests is subdivided into administrative counterparts and third parties.Some scholars have studied the administrative refusal behavior,that administrative refusal behavior can't be simply identified as act or not,should be based on whether to complete all administrative procedures to distinguish.Some scholars have studied the administrative inaction of abstract administrative action in the field of educational administration.Some scholars from the perspective of empirical analysis,through the study of Chinese referee documents online administration is not litigation and adjudication instruments,analysis of administrative status as the case and put forward countermeasures.There are many angles in the administration of administrative inaction,in which judicial relief will undoubtedly play a key role.In this paper,the administrative remedies of administrative inaction are studied in an administrative and non-case case of "People's Court" in 2017,and it is difficult to define the plaintiff s indictment.It is difficult to define the administrative inaction as a standard.Behavior is not as a case into the judicial process to seek relief reasons,from a number of aspects to explore the improvement of our administration as a judicial relief path.The article first discusses the definition of administrative inaction,the status quo of judicial practice in our country and the judgments of administrative inaction,and how to improve the judicial relief of administrative inaction.However,based on the above analysis,it is difficult to completely solve the problem of administrative non-competence by legal standard and legal means.After all,there are a lot of problems that involve administrative inaction.In reality,through administrative litigation and administrative reconsideration channels to deal with.