Study On The Improvement Of The Administrative Omission Litigation System

The construction of the rule of law in our country is in continuous progress,and the administrative idea of law is deeply rooted in the hearts of people.The legitimate exercise of administrative power is increasingly concerned by the public.The reasonable exercise of administrative power requires the establishment of a practical and feasible supervision system to avoid the abuse of administrative power and to safeguard the legitimate rights and interests of citizens.Administrative omission lawsuits have accumulated certain research results both in the theoretical research and in the research of the substantive departments.Scholars have adopted a variety of angles and methods for the study of administrative omission with an aim to apply management methods and try to solve the problem of administrative omission by management.Some scholars have analyzed the economic costs of administrative omission as the cause of harm to the administrative counterparts through the method of economic analysis,and put forward the lawsuit to reduce the damage caused by administrative omission.The scholars who study from the perspective of administrative law mainly try to protect the legitimate rights and interests of administrative counterparts from infringement by studying the administrative litigation system.Based on defining the concept of administrative litigation,this article defines the concept of administrative omission litigation which refers to the administrative body fails to perform legal duties on the administrative counterpart as a legal or administrative duties,and then ask the court to file a lawsuit to determine the protection of their rights from infringement.This article analyzes the administrative omission from its scope of protection,the period of prosecution,the qualification of the plaintiff,the burden of proof and the type of judgment.And this article further analyzes the shortcomings of administrative omission lawsuit system.Firstly,as procedural legal interest protection,the state administration is being limited in the scope of protection of procedural law,and lack of protection of other rights in social rights,and lack of judicial review of abstract administrative omissions;Secondly,there are many restrictions on the qualification of plaintiff,and there is still too much gap in the plaintiff qualification in public interest litigation.Thirdly,the burden of proof is not as reasonable as the design of the burden of proof in western countries.for example,the burden of proof of the plaintiff is too light and the law is too broad;Finally,There are problems in the performance of judgments and payment of the judgment.Finally,through the analysis of the problems and the absorption of foreign advanced systems,the author puts forward measures for the administrative omission litigation in China.Namely,the author puts forward corresponding suggestions for the judicial reform and the solution and measures includes expanding the scope of protection,clearing legal prosecution deadline,confirming the qualifications of the plaintiff,constructing the system of burden of proof and rational judgment.