Consumation Of Administrative Omission Lawsuit In Our Country

"Administrative omission" becomes a focus in the fundamental research in our country,and there are more and more cases of the administrative omission.But our country administration legislative work start later. Until now, the persuavsive and systematical theory system has not taken form. This kind of fundamental research flaw caused to many problems in the lawsuit system. There are many problems not solven in lawsuit of administrative omission.The questions not taken are analyzed in the article, and research the system administrative omission lawsuit in our country. The full text altogether divides four chapters.The first chapter is "The legal rule of administrative omission lawsuit in our country".It is said that administrative omission is not fulfilt duty, and is not expressed in the procedure in the administrative action through analysis of domestic and foreign administrative omission different concept. And further it is analyzed the connotation administrative omission,characteristic and its the manifestation. At the same time, it also introduce the existing legal rule of administrative omission in this chapter, and has compared the difference of between the administrative omission as the lawsuit and the administrative omission lawsuit. These has built the foundation for the under content.The second chapter -"the problems of administrative omission lawsuit system in our country" point out that the case quantity, the scope of cases, examination, execution and so on exist in administration nonfeasance lawsuit .The reason is the traditional law culture negative effect, the Chinese judicature system factor,deficience of administrative omission lawsuit system, and deficientlytries of the regulations the basis, soleness of try way to be unitary.The third chapter "the evaluation of overseas administrative omission lawsuit" introduce to the English-America and the mainland legal system administration as the lawsuit system. It think that decision burden, public interest litigation, and abstractive administrative omission lawsuit should be study.The fourth chapter "consummates the lawsuit of administrative omission"says that the system have from to receive from the scope, the prosecution condition,the responsibility evidence present,the examination scope and the examination standard, the decision type,the compensation and so on many aspect scarries. The lawsuit of administration nonfeasance as the case has different in the acceptance, tries or in the trial in it ,We should consummate the legislation, improve administration nonfeasance in the lawsuit system in order to protect relative person's legitimate rights and interests.