Analysis On Some Problems Of Administrative Omission As Compensation Litigation

Since 2005,due to frequent major safety incidents in the fields of environment,food,and sanitation,for example,water pollution incidents,Sanlu milk powder incident,Tianjin 8.12 Tanggu explosion accident and a series of administrative and regulatory responsibilities have triggered our administrative The thinking on supervision of agency responsibilities generally says that although the direct cause of the accident is not the executive agency and its staff,but the executive agency has a negative attitude towards the performance of its own statutory authority,then it cannot exclude the legal liability it should bear.Among them,administrative agencies and their staff members are more familiar with the law-breaking situations that are implemented as methods,and violations that are implemented as inaction are often overlooked and ignored by the people.The author believes that the author concludes that the basic attributes of administrative omissions can be summed up,and the actions that the administrative agencies should place in place but not in place can be summed up.It should be noted that in recent years there has been a trend of increase in litigation cases brought about by the failure of administrative agencies to undermine the interests of private parties.Correspondingly,administrative compensation cases due to administrative omissions are also increasing.The perfection of the state compensation litigation system also appears to be particularly important.Relief is the last barrier to the protection of rights.If administrative counterparts want to protect their rights and interests that are damaged by the administrative authorities,they should take the initiative to initiate litigation remedies.Ensuring the realization of their rights and interests is the core of the development of China's rule of law society.However,the administrative incompetent litigation compensation system is currently in its infancy in China.This virtually prevents the administrative inaction in China from being effectively contained.This not only fails to meet the purpose of establishing the administrative law system in China,but also greatly affects the people's The rule of law is the government of society.To this end,many scholars have proposed to improve the administrative incompetence of the national administrative liability system.Throughout China and other countries,such as Japan and the United States,as to whether administrative inaction falls within the scope of national compensation,scholars in many countries and regions have taken a positive attitude and established a theoretical system and system that suits their own system.When we analyze and study these specific theoretical systems in our country,we must take the essence and go to the dregs.Through interpreting and analyzing the existing laws,the author summarizes the various doctrines of administrative inaction,and analyzes the constituent elements of the administrative incompetence compensation litigation system,and the reasons behind the establishment of the system.Trying to build a relatively sound system of compensation for administrative omissions under China's existing legal system.The arguments are based on the basic concepts of administrative inaction and administrative incompetence as the constituent elements of administrative compensation litigation.Through summarizing and analyzing typical administrative incompatibility litigation cases nationwide from 2010 to 2017,the potential institutional deficiencies were identified,and the analysis of China's administrative Not as a status and problems in the compensation litigation,the necessity of perfecting the administrative compensation litigation system is clarified.Finally,the solution to the problems of the administrative not compensation litigation is discussed.The author puts forward the bold idea,expands the plaintiff qualification of the administrative omission as the compensation lawsuit,makes clear the concept of administrative omission in the legislation,and puts it into the administrative omission as the scope of the compensation lawsuit,simplifies the procedure of administrative omission as compensation lawsuit,removes the prepreface procedure of the lawsuit,and sorts out the particularity of the burden of proof between the original defendant,and puts forward the feasible and perfect suggestion.