Administrative Non-identification And Accountability Research

Since 2003, "SARS" the development of administrative omission phenomenon began to attract wide attention in recent years, especially after the Administrative Procedure Law to modify the administrative omission litigation arising more significantly increased. Although the administration with the progress of the rule of law, accountability in the administrative omission made some achievements, but studies on the administrative omission is not mature enough, some problems still exist, identify problems and find appropriate countermeasures is of great significance to promote the progress of the rule of law.Text is divided into three parts:The first part of the administrative omission conduct identified by scholars of current theoretical research, the concept of administrative omission define, clarify the relevant concepts, and then to the Qingdao "prawn price" event in administrative actions from a legal perspective think.The second part is the executive is not recognized as a liability point of view of the study, after the administrative acts of omission, the administrative body should bear the corresponding legal responsibility for their actions. Its main elements include an angle identified, subjective elements, requirements and consequences of the damage behavior of the elements, after a comprehensive analysis of the above factors identified liability administrative omission.The last two parts of the study Responsibility Mechanism of China's existing administrative omission, authority, the executive and the judiciary are not as administrative acts accountable. But the accountability of the current effect on the administrative omission is not ideal, there are still some problems, showing the face of a problem must be found corresponding solutions, in order to protect the executive is not as effective legal accountability can be implemented to speed up the administrative the pace of construction of the rule of law.