Study On The Judgment Mode Of Administrative Negative Action

The phenomenon of administrative omission does not conform to the people's expectation of the government and public officials to administer affairs in accordance with the law and efficiently.It has become a prominent problem affecting the efficiency and credibility of our government.In recent years,our party and country attach great importance to punishing the problem of administrative omission.With the increasing level of democracy and the rule of law and the continuous expansion of the channels of rights relief,people have changed their indifferent attitude,and began to actively seek administrative litigation to solve the problem of administrative omission and safeguard their legitimate rights and interests according to law.However,the academic circles in our country have not yet reached a clear and unified definition of administrative omission,and there are still many disputes about its concept in the theoretical circles.In addition,the existing laws of our country have less regulation on the issue of administrative omission,which makes the court in the actual trial of administrative omission cases,to determine and choose the appropriate judgment for administrative omission.There are many problems in the way of decision.Because some courts adopt the judgment method can not make the rights of the parties to be effectively relieved,it often causes the parties to be dissatisfied with the content of the judgment and judicial efficiency,and makes the court suffer criticism because of the judgment method.In order to make a thorough study on the litigation judgment mode of administrative omission and to explore and perfect the litigation judgment mode of administrative omission in our country,this paper begins with the general theory,and first explains what is the litigation judgment mode of administrative omission and what are the characteristics of the litigation judgment mode of administrative omission,and then finds out the litigation judgment mode of influencing administrative omission.Main factors of formation.Secondly,it combs out the relevant provisions of the Administrative Procedure Law of the People's Republic of China(hereinafter referred to as the Administrative Procedure Law)on the way of judgment of administrative omission and the process of its development and change,and summarizes the current situation of the way of judgment of administrative omission in China,and points out the existing problems.Finally,drawing lessons from the relevant legal systems outside the country,this paper puts forward some suggestions to improve the judgment mode of administrative omission litigation in China,so that the administrative omission can be dealt with legally,reasonably and efficiently in the judicial trial,and the phenomenon of"letters and visits do not believe the law" can be improved,so that the judicial credibility can be improved,and more problems can be solved in the legal framework.The inside of the rack is satisfactorily resolved.