A Study On The Standard Of Administrative Omission

The attention of administrative law circles to the administrative omission begins with the promulgation of the administrative procedure law.Administrative omission is an administrative subject with obligations as a duty and fails to perform obligations under the obligation to perform.In recent years,the number of litigation cases on administrative inaction has increased dramatically,reflecting the contradiction between the gradual awakening of the concept of civil rights and service administration and the unripe administration of the law.Only by making clear the standard of the examination of the legitimacy of administrative omission,can the judicial power really supervise the administrative subject,avoid its negligent performance as a duty,and cause damage to the administrative relative and the social public welfare.This article is based on the guiding case of administrative inaction issued by the Supreme People's court,and analyzes Zhang Enqi v.Tianjin human resources and Social Security Bureau and Tianjin social insurance fund management center,which focuses on the focus of the dispute as the main research object,and analyzes the court's affirmation that administrative inaction is illegal.The problems and the difficulties faced.It also points out that there are differences between the standards of administrative omission in China's theoretical research and the standard of administrative omission in judicial practice.According to the standard of the administrative omission,it mainly adopts the normative analysis method,including the definition and classification of the basic concept of administrative omission,and makes a systematic comparison and analysis of the definition of administrative omission,which has different opinions at present.With regard to the judicial identification standard of administrative omission,this article will discuss and study the opinions of Zhang Enqi case and other types of cases.It is intended to show that in the judicial practice,the people's court is often based on the lack of legal regulation and the complexity of social practice in the administrative legal system of our country.In practice,a set of effective criteria for determining administrative omission is formed in practice.Finally,from the perspective of the standard of administrative omission,combined with the latest legislative developments,we put forward some suggestions and suggestions for improving the administrative omission litigation system.The emergence of administrative omission is closely related to the transformation of the modern state administrative concept.How to maintain the discretion of the administrative organs under the premise of the judge's independent exercise of the judicial power,and to make the legitimate rights and interests of the parties obtain effective judicial protection,depends on the further clearance of administrative omission.The basic framework of administrative omission litigation system is to establish and judge the criterion of legitimacy of administrative omission.