The Defects And Perfection Of China's Administrative Non-action Litigation System

At present, with the gradual improvement of our legal system and the people's awareness of the use of legal rights, the administrative organs for the acts of litigation cases increased year by year. Although "Administrative Procedure Law" provides the administrative omission of action,it didn't make the concept of administrative omission clear. From the existing legal norms seem to be unable to obtain a more authoritative explanation. Our administrative omission relief system lacks of a specific,unified operational standards, this is inconsistent with the purpose of our government's service to the people. The phenomenon of administrative omission not only greatly undermines the image of the government, but also undermines the authority of the government in the hearts of the people. It has a serious impact on China's legal system construction as well as economic development and social stability. However, there are few theoretical studies on the administrative omission in our academic circles at present. In judicial practice, due to different courts or different judges of the understanding and understanding of the differences, the same nature of the administrative do not get the case of litigation relief and the results will be different. And even a lot of administrative omission cases were refused outside the door of the court. In short, it is of great theoretical significance to make the theoretical system of administrative omission perfect, and it is also of great practical significance for the people's court to exercise judicial review power correctly. In addition, by improving the administrative omission system, we can supervise the work of the government, improve the efficiency of government administration, and complete the mission of serving the government for the people.This paper focuses on the study of administrative omission in China.Administrative omission refers to the fact that the administrative body and its staff have the responsibility to actively implement the administrative act and shall perform the duties that fail to perform their statutory duties or delay the performance of their statutory duties. Administrative non - action litigation refers to the administrative relative to the administrative body as a result of the people's court to prosecute the case of a litigation system. This paper attempts to analyze the concept of several types of administrative omission as follows: that is, the litigation and ex officio litigation,the specific administrative omission and the abstract administrative omission of the inadequacies. The existence of the administrative omission system has its own internal causes and external factors. This paper attempts to analyze the reasons from the perspectives of legislation, judicature, state compensation and citizens themselves,and to explore the concrete measures to improve the administrative omission system according to the actual case of real life and enhance the persuasiveness of the article.Through the clarification of the basic concepts, finding the problem, solving the problem of the whole idea and making the government's sense of service Strengthen.Meanwhile, urging the administrative body to adhere to the administration according to law, attaching importance to improve the administrative efficiency, so as to protect the legitimate rights and interests of the relative,and so as to play the value of administrative litigation system as much as possible.