The Typed Study Of Administrative Inaction Litigation

With the development of society and the progress of the rule of law in recent years,China's administrative non-action cases were increasing year by year,the number increased year by year,from 563 in 2013 to 2014,3459,and then by 20154620.These cases involve government,labor,civil affairs,industry and commerce,housing management,education,finance,health and other national administrative units and laws and regulations authorized organizations,including property rights,construction projects,administrative compensation,housing demolition,housing levy,land contract,Land registration,traffic accidents,medical insurance and other fields.It is conceivable that,as the defendant's government departments,lazy to exercise their rights and interests affect the interests of the people more and more serious,while citizens through the prosecution of the legal awareness of rights is also increasing year by year,and our current administrative action is not litigation chaos It is difficult to meet the growing demand for litigation.First of all,for administrative omission,legal regulation,"Administrative Procedure Law" and "Supreme People's Court on the application of the" People's Republic of China Administrative Procedure Law,"a number of issues explained the full text of the scope of the scope of the case,As the scope,but did not use the term "administrative omission",the academic community has long been discussed and debated.Secondly,from the point of view of the type of administrative litigation,the Administrative Litigation Law and the judicial interpretation of the Supreme Court do not have any provisions on the type of administrative litigation.Only the types of judgments are enriched,and the type of litigation and the type of judgment Is a completely different concept,can not be confused,both from the program or the concept,the type can not be one by one correspondence,therefore,the domestic administrative action on the type of action is not systematic and rigorous.Administrative litigation is an important legal mechanism for the relief of administrative omission.It is the general term of administrative action brought by citizens,legal persons or other organizations on the grounds that the administrative subject does not fulfill the statutory,agreed or unilateral commitment.In order to better realize the civil rights of civil rights without loopholes in the judicial relief,to enhance the rationality of administrative litigation rules,it should be the type of administrative litigation for the type of analysis.Combined with the case,we have sorted out several common administrative actions as litigation,respectively:according to the application of administrative action as litigation and administrative omission,infringement of private interest administration is not litigation and infringement of public welfare administration is not litigation,specific Administrative omission and abstract administrative omission.In fact,whether it is administrative action,government information disclosure litigation,or environmental administrative public interest litigation,administrative legislation is not litigation,there is a cross between each other and the link,any of the above types of litigation is also difficult to cover all the administrative As a litigation type.It can be seen that in order to guarantee the full realization of civil rights,the administrative omission should establish a scientific and reasonable standard.Drawing on the experience of foreign countries and combining with the status of our country,our country should take the litigation request of the parties as the main standard,which is helpful to the nature of litigation and administrative disputes.Therefore,in the specific administrative do not constitute the type of litigation,we can according to the plaintiffs litigation request,our administration is not as a litigation type specifically divided into "payment of the complaint","refused to apply for a complaint" and " "Three categories,and then according to the nature of the litigation and the nature of the different differences in the specific classification of sub-types.It can be seen that,on the basis of the content of the litigation request as the main standard,the proper use of the adjudication criteria such as litigation subject and administrative dispute can establish a fully structured and comprehensive administrative omission type.