Study On The Liability For State Compensation As To Administrative Omission In China

Administrative inaction refers to the administrative agency's failure to perform its statutory acts as mandated by the law,including two types of complete inaction and incompleteness,with various characteristics such as negativity,illegality,and damage to rights and interests.In the National Compensation Law,administrative inaction is not definitely included in the national compensation.Only according to some current relevant regulations,administrative inaction can lead to national compensation when the counterpart suffers.In the practice,the Supreme People's court has made up for the legislative defects with judicial interpretation,which explicitly made the administrative omission included in the scope of the national compensation.However,there still exist numerous problems,such as the absence of a direct legal basis for administrative inaction for assuming national compensation liability,the imperfect scope of administrative inaction for assuming national compensation liability,the unclear imputation principle of administrative inaction for assuming national compensation liability,and the lack of liability distribution principle under the context of liability concurrence.This article is divided into five chapters.The first chapter is an introduction,which mainly introduces the background,purpose,and methods of this study.The second chapter mainly introduces the basic theory of administrative inaction as state compensation,including the conceptual characteristics of administrative inaction,the performance and harm of administrative inaction,the theoretical controversy of administrative inaction to bear the national compensation responsibility,and the constituent elements of the administrative inaction as the national compensation responsibility;Chapter III mainly combs the legislative status quo and juridical practice of administrative inaction in China and analyzes its existing issues,including the absence of a direct legal basis for administrative inaction for assuming national compensation liability,the imperfect scope of administrative inaction for assuming national compensation liability,the unclear imputation principle of administrative inaction for assuming national compensation liability,and the lack of liability distribution principle under the context of liability concurrence etc.;Chapter IV focuses on the international experience of administrative omissions that can be used for reference,and discusses the differences and commonalities between the relevant provisions of the common law and the civil law countries;Chapter V is aimed at the problems existing in China 's administrative inaction as a state compensation liability,based on the national conditions and drawing on international experience,and it proposes targeted suggestions for improvement,including clarifying the legal basis of the state 's liability in the National Compensation Law,define and diversify the responsibility principle,and identify the allocation rules for compensation liability and so on.