Study On Administrative Nonfeasance Litigation Relieve System

Restrict government's power, standardize government's behavior, and promote the forming of the good relation of government and society, set up the harmonious society governed by law, it is core of the ideal country. Specifically, in the field of litigation administrative nonfeasance, mean, lead supervise administrative law subject abide by the legal one as the obligation, with the power that the people entrust to, sincerity serves the people. In the not infringing to citizen's individual interests and even social public interests as the behavior of administrative subject, use the high-efficient lawsuit to relieve the maximum maintenance of the system and ensure citizen's individual interests and social interests. Centre on this theme, the article is divided into five organic components and described.Part one is the basic theories of administrative nonfeasance. Describe the basic theories of the administrative nonfeasance act in three respects: First, concept of the administration. Through analyze the concept of the foreign countries administrative nonfeasance and different understanding of the administrative nonfeasance in domestic educational circles, and then perfect the concept of nonfeasance. Second, the classification of the administrative nonfeasance act, in order to research the foundation lawsuit rule to different kinds of administrations. Third, administrative nonfeasance and relevant concepts are differentiated and analyzed, so that further clear the concept of the administrative nonfeasance acts.Part two it is the theoretical foundation of the administration nonfeasance litigation. Mainly from jurisprudence, constitutional theory, administrative law science, administrative litigation law science explains to administrative nonfeasance litigation theoretical foundation. The fair just theory of jurisprudence, sovereign rights of people and human rights of studying in constitution ensure the principle, the administration according to law of administrative law science and public service theory, administrative litigation law science principle have right have relieve foundation establishedwith administration of justice.Part three is the foreign countries administrative nonfeasance litigation system. Through analysis the system of administrative nonfeasance system in main Anglo-American legal system countries and in main continental legal system counties ,thus obtain the system design suitable for the maturity that our country draws lessons from, give to the administration of our country and offer the bases of theory and practice as the perfect our administrative nonfeasance litigation system.Part four is analysis the present situation and defects of present provision of administrative nonfeasance litigation system of our country. Through analyze the system of current situation, find the defects of the present provisions .Though analyze the reason of the present situation and defects of present provisionsPart five is perfect the administrative nonfeasance litigation relieve system. On the basis that the administrative nonfeasance litigation system defects this part author try to perfect the nonfeasance litigation relieve system from four aspects: scope of administrative nonfeasance litigation, prosecute time limit in administrative nonfeasance litigation, burden of proofin administrative nonfeasance litigation, judgment in administrative nonfeasance litigation, analyze and get own completion suggestion out of. Finally, make the brief argumentation on how to join with the administrative reconsideration relieve and indemnity relieve in nonfeasance problem.