Research On State Compensation For Administrative Inaction

With the expansion of the administrative field and the increasing demand of the public for administrative management,the number of administrative inaction has increased significantly and there is no corresponding supervision and solution measures.As administrative inaction is an illegal administrative act,there is still not enough attention to its research in domestic academic circles,and the research on the basic concept of administrative inaction,its constitutive elements and the constitutive elements of state compensation caused by administrative inaction has not yet reached a consensus.The provisions of administrative inaction in China’s current state compensation law are not systematic and the relief procedures are not comprehensive,and it is also difficult to truly protect the damaged legitimate rights and interests of administrative relatives in administrative litigation cases caused by administrative inaction.This paper firstly starts from the concept of administrative inaction and the state compensation for administrative inaction,further elaborates the concepts and constituent elements of the academic community about administrative inaction,state compensation and state compensation for administrative inaction,and defines them,so as to summarize what is state compensation for administrative inaction and outline the basic theory of state compensation for administrative inaction in China.Secondly,we analyze and summarize the current situation in China based on the reality of the state compensation for administrative inaction,and sort out the current laws and regulations and judicial interpretations related to administrative inaction in China,focusing on the current situation of the legislation and the current situation of judicial decisions related to the state compensation for administrative inaction,in order to pave the way for the next study.Then,along with the analysis of the current situation of legislation and judicial status of national compensation for administrative inaction,it is pointed out that it is difficult to realize in practice,the principle of attribution of responsibility is not clear,the allocation of responsibility in case of competing responsibility is not clear,the standard of compensation for moral damage is not clear,the procedure of national compensation for administrative inaction is more complicated,etc.,and the reasons for these problems are analyzed.Then,we analyze the current situation and development experience of administrative inaction compensation in civil law countries and common law countries,compare them with China’ s administrative inaction compensation system,comprehensively sort out the shortcomings and problems to be improved in China’s current administrative inaction compensation practice,and summarize the advantages that can be learned from foreign countries in the same field.In the light of China’s national conditions,the relevant theories that have been developed in foreign countries are drawn upon to provide inspiration and reference for China’ s national compensation system for administrative inaction.Finally,according to the existing problems and the advanced theories of foreign countries,we propose to improve the national compensation law,clarify the responsibility attribution of the national compensation for administrative inaction,specify the basic principles that should be followed in the allocation of responsibility in the field of national compensation for administrative inaction,clarify the relevant standards for the compensation of moral damage to the administrative relatives,suggest the improvement of the further optimization of the national compensation procedure for administrative inaction,and clarify the allocation of the burden of proof.The recommendations include the allocation of the burden of proof.Combining with the current social and economic situation in China,we formulate a national compensation system for administrative inaction with Chinese characteristics,so as to improve China’ s national compensation liability system,guarantee the rights of victims and build a more perfect legal system.