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Research On Administrative Inaction As National Compensation System

Posted on:2021-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:M Y WangFull Text:PDF
GTID:2416330614461451Subject:legal
Abstract/Summary:PDF Full Text Request
The State's liability for administrative omission is also a step towards the general goal of administering the country according to law.An important prerequisite for ruling the country according to law is administration according to law.Because the infringement of administrative omission is more hidden,the victims often cannot get help.Letting the state bear this responsibility and giving compensation to the victims makes the public more recognized by the government,which helps to increase the credibility of the government,greatly promotes administrative efficiency,and achieves administration in accordance with the law.At present,our government is transforming from a management-oriented government to a service-oriented government.During this period,many cases of administrative omission have occurred,affecting the government's credibility and image in the eyes of the people.The state,as the subject of compensation,provides assistance to the victims,provides justice for ordinary people,and helps maintain fairness and justice in society.Therefore,China must not only supervise the government from public opinion,but also formulate and improve relevant laws and regulations in order to force administrative agencies and their staff to perform their duties seriously and administer according to law.Because the illegal act of administrative omission is very complicated and hidden,the current theoretical research on the state compensation of administrative omission is far from enough for other illegal acts.Therefore,the author has learned from the previous theory After the analysis,the author concludes from the aspects of the concept of administrative omission as state compensation,the conditions,questions,and suggestions for improvement.From the narrow scope of cases accepted,the existing laws and regulations are not comprehensive,the principle of allocation of burden of proof and imputation of the plaintiff is inappropriate,and the procedural defects of the state compensation relief system are analyzed in detail Inadequacy of administrative omission regulations.
Keywords/Search Tags:administrative omission, state compensation liability, presumption of fault, burden of proof
PDF Full Text Request
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