The Determination And Responsibility Of Actual Non-acting Administrative Action

In the research river of administrative law,the research results of the academic community on all aspects of administrative behavior are obvious to all,the research results are very good,but compared with the needs of evolving social practice,if administrative behavior is not studied as an administrative act,it is still not satisfactory.However,with the rapid development of social economy in the new era,diverse forms of non-executive behavior continue to emerge,therefore,in the social practice,the distinction between administrative acts and non-executive administrative acts is no longer so simple and clear.Traditionally,most of them are accustomed to using the administrative body's physical movement and static to distinguish whether its behavior is as or not as,what is even worse is whether or not the administrative counterpart makes an application as a criterion for distinguishing between inaction and inaction.Obviously,in the current environment,it is not objectively accurate to use physical and static motions and whether there is an application as a criterion and basis for judgment.It is well known in our real social life,even if there is movement,but there will still be inaction,it may also be possible to establish administrative omissions without an application from an administrative counterpart.It is worth mentioning that not as a result of various social hazards caused by administrative actions,in most cases,not less than the degree of social harm caused by administrative actions,on the contrary,in some cases it is even greater than the administrative violation.Especially in some substantive omission administrative action,because the behavior itself is extremely invisible,it is more easily overlooked by people.This dissertation considers substantial non-administrative actions as a type of administrative omissions,attempt to define concepts that are not actually administrative actions,at the same time clarify its constituent requirements,exploring its accountability system,on the basis of the existing regulation of the general administration as an administrative action,combining knowledge learned by individuals,put forward a few practical regulatory approaches,by discussing the facts that better regulate the administrative behaviors and better safeguard the legitimate rights and interests of administrative counterparts and help the construction of modern service-oriented government and change of functions.