A Study On The Issue Of Compensation For Administrative Omission In My Country

In real life,infringement due to administrative inaction often occurs,and the situation is not stipulated in China’s current legal norms,which will result in the corresponding infringer being unable to obtain corresponding relief from the entity and procedure.Because the National Compensation Law and related judicial interpretations do not explicitly provide for this,and there are many differences in the views of the administrative community on administrative inaction,there have been many controversial issues when the court heard the corresponding case.This article combines different points of view in the legal field and analyzes some issues in the compensation of administrative inaction by analyzing the dispute points in actual cases.The author divides this article into five parts to solve existing problems and propose corresponding solutions.First,by introducing a real case-a case of Huamu Co.,Ltd.v.A water conservancy bureau for administrative inaction and administrative compensation,this article discusses four issues.How to determine administrative inaction,how to distribute the burden of proof in administrative inaction compensation,what laws apply when administrative inaction compensation and civil compensation are competing,and how to allocate responsibility.Secondly,by sorting out the concept of administrative inaction in China and other regions,after clarifying one by one,the author believes that administrative inaction refers to the behavior of administrative organs and their staff members who have failed to perform,and should perform them..Even when we can accurately define administrative inactions,not every administrative inaction can be compensated accordingly.Therefore,it is very important for the administrative inaction to get corresponding compensation.The author believes that compensation for administrative omissions should include the following four elements: 1.The subject is eligible;2.Administrative omissions are illegal;3.Legal rights are damaged;4.There is a causal relationship between administrative omissions and the consequences of damage.This article focuses on analyzing the element of causality and analyzes the relevant causality theory one by one.In many theories,the author agrees with the comprehensive standard theory,and should establish a variety of causality evaluation standards.On this basis,it explains how to distribute the burden of proof,combined with specific cases,puts forward its own views on how to reasonably distribute the burden of proof,and establishes a causal relationship in the burden of proof.Then on how to allocate the two responsibilities when the two responsibilities compete with each other,the author first sorted out the theories of the two responsibilities.Regarding how to distribute these two responsibilities,there are generally four viewpoints in the theoretical world: 1.The people’s advance compensation theory 2.The administrative first compensation theory 3.The choice compensation theory 4.The share responsibility theory.The author agrees with the theory of share allocation after combing.At the same time,the author also put forward his own views on how to choose the litigation procedure when the two responsibilities are competing.The author believes that the suitability of administrative incidental civil compensation litigation procedures is better.At the same time,I also put forward my own views on the specific procedure design of the administrative incidental civil compensation litigation procedure.