A Study On The State Compensation Of Administrative Omission

Administrative omission, as the corresponding state of administration, has not aroused equal attention. As a kind of special administrative state, administrative omission exists everywhere in our society. Administrative omission becomes more and more serious, it damages citizen’s confidence in our government as well as the rights of administrative counterpart。However, the state compensation system has not made clear the state compensation duty on administrative omission. In the judicial practice, application scope of the state compensation duty on administrative omission is limited, and currently the study on this area is far from enough. So, it is necessary for us to seriously take it into consideration. This article is concerned about the concept of administrative omission, the development of state compensation system and Current legislation as well as my own views on the state compensation for administrative omission. The article is divided into four parts.The first part is the introduction to the state compensation and the definition as well as the concept of administrative omission.It also has discussed the history and development of state compensation. Whether the administrative omission, the system of national compensation, or the state compensation of administrative omission, they all have experienced a tortuous development. To establish the state compensation system of administrative omission is very important and has become an irresistible general trend.The second part is illustrated analysis of the state compensation for administrative omission. Elaborated on the basic position on the topic, we can see the constant progress of legislation. When analyzing the background and legislative omissions of "State Compensation Law" in1995and2010, we can find that the reason why the administrative omission hasn’t been included in state compensation is because it was affected by the political system and the economic basis.The third part is the "ought to be" analysis on the state compensation administrative omission. Through the brief introductions of the continental law system and Anglo-American law system and practical cases, we can draw a conclusion that the state compensation for administrative omission is practical in our nation and it’s a mature occasion to establish the system.The fourth Part is the proposal of the state compensation system. First it is about the constitutive elements of the state compensation for administrative omission, then followed by the state compensation responsibility in abstract administrative omission, the discretion issues in state administrative omission and brief analysis about the responsibility of state compensation as well as some relevant suggestions on legislation, operation and procedures.