Judicial Remedy Of Administrative Omission

The problem of administrative omission has been widely concerned by theorists,and it is a hot issue for scholars to study and discuss.With the acceleration of the construction of the socialist legal system,the concept of democracy enjoys popular support,people’s awareness of rights is getting stronger and stronger,and a large number of administrative do not as a violation of the problem can’t be resolved in time,making the legal society construction process is hindered.The implementation of the new "Administrative Procedure Law",once again the administrative omission problem pushed to the cusp,the new implementation of the "Administrative Procedure Law" in many ways on the administrative omission and its judicial relief has been modified and improved,broaden the litigation Of the scope of the case,to give the interested parties to prosecute qualifications,and improve the judicial relief system is not as a violation of China’s legal system is a major step forward.However,due to the complexity of social life,the law can’t exhaust all aspects of social management,the newly revised "Administrative Procedure Law" there are still many unreasonable places,the need for further exploration and improvement.This paper consists of three parts:The first part mainly introduces the concept of administrative omission,the analysis of other related concepts and the type of administrative omission.By comparing the domestic and extraterritorial concepts of administrative omission,the author summarizes the characteristics and the essentials of administrative omission and puts forward the understanding of this article.The administrative omission and the administrative can-not,negativity and procedural law as a distinction between,in order to avoid confusion with the relevant concepts,so that the performance of administrative omission is more clear.Finally,according to the law of whether the act is not legal,the nature of executive power and the behavior of the main passive disagreement of the administrative omission,so that its characteristics more clearly.The second part mainly studies the present situation of our country as a relief system,analyzes the existing problems in the system and the reasons for the problems.There are five problems such as narrow scope,limited plaintiff qualification,unreasonable distribution of burden of proof,imperfect form of judgment and lack of national liability,and the analysis of the causes of the problems,mainly due to the administration of our country Organs of the existence of the jurisdiction of the cross,and the relevant laws and regulations are not perfect,the lack of legal basis in the decision,the supervision of the executive authorities ineffective.The third part puts forward five suggestions on how to distribute the burden of proof,relax the plaintiff’s qualification,expand the scope of the case,perfect the form of judgment and implement the state compensation.