On The Constituent Elements Of Administrative Aid Omission

In addition to maintaining order,governments are now also responsible for tasks such as welfare protection.In the context of developing people's livelihood and promoting social justice,the administrative power will be increasingly used to provide assistance to citizens in distress through the allocation of resources.Administrative assistance will be one of the most important tools to maintain social justice.Administrative assistance is,in summary,the act of an administrative subject providing help to a person or organisation in a state of distress.However,most of the existing studies in China take a macro perspective and lack a micro perspective.This article then focuses on specific acts of rescue.The first part of this paper defines the basic connotation and extension of administrative assistance.Secondly,this paper combines the relevant research results of administrative omissions and existing adjudication cases,then discusses the elements of administrative authorities,obligation,actions and result.This paper also analyzes the rationality of each element of the failure to act administrative assistance one by one.In the end,this article summarizes the breakthroughs and shortcomings of the constitutive elements of the failure to act administrative assistance as shown in trial practice.Of course,in order to contribute to the improvement of the administrative assistance system from the aspect of judicial supervision,this paper also offers suggestions on how to improve the above problems.