The Theory Of Administrative Omission Of Judicial Relief

In the end of the world,for the study of the theory of the administrative nonfeasance in some countries and regions to improve the basic level,but our country's administrative law theory development later,about this aspect of the theory is not perfect.With democratic rule of law construction process and the theory of administrative inaction continuously advance and development,and has some of shocking events,such as happened in 2008 in shanxi XiangFen dam failure events,sanlu milk powder incident in 2010 and the shanxi Wang Guling flood and so on,and the court released ten inaction cases,these major accident happened in the final analysis is due to imperfect administrative not as legal.Administrative omission exists in all aspects of the society,it violate the interests of country and people,influence people's trust in the government level,and so are not as the judicial relief of administrative theory so it is urgent to perfect the laws and regulations.Development of the theory and practice of administrative law in our country is late,the theory has not formed system,in real practice,the administrative not as the judicial relief has not yet formed a unified standard,the result is that led to the public interests and personal interests have been violated,cannot effectively and timely take measures to the judicial relief,protection and power for the government to the other party of the power supervision and restraint of a negative impact.Rich administrative not as the judicial relief theory,advance the construction of national legal system process.This article mainly from the field,both inside and outside is not as the forefront of theoretical research combined with the author's understanding of it,on the definition of the connotation,analyzes its types and actionable constitute,and then released by China's top ten typical not as a case analysis to the existing problems and characteristics,such as the line is not as a form of expression,the scope of judicial review,the plaintiff qualification of main body,and strengthen the effective decision of distribution of evidential burden in such aspects as execution were analyzed.And on the basis of the use for reference the experience of the mature virtue put forward reasonable Suggestions.This article innovation is released by the Supreme Court in China top 10 administrative inaction cases as the research Angle of view,but not limited to this analysis,on the basis of the analyzing and examining the problems of,put forward countermeasures and Suggestions,in order to achieve perfect administrative not as the judicial relief in the first place.The author mainly USES the literature analysis,case study,comparative analysis and other methods.Literature analysis method,mainly is the essence of the existing theory and literature,and comprehensive summary analysis of these data,find out the essence from the differences in their place.The case method,mainly is the supreme law in our country published ten typical administrative inaction cases as the research object,analyze our country in the aspect of administrative inaction judicial relief system of deficiencies;Comparative analysis is to countries such as the virtue of theory of administrative inaction careful analysis can find out our own achievements.