Administrative Omission Of The State Compensation Study

In recent years, The infringement brought by the administrative no-feasance aroused more and more concern, whether it should undertake the state compensation also becomes the focus of discussion.In our present law,neither the PRC State Compensation Law nor Administrative Procedure Law formulates the state should bear the compensation for the infringement which brought by the administrative no-feasance. In the July of 2001, The Supreme People's Court made a written approval in the passage:"The public should undertake the state compensation,when it brings the infringement to the citizen, legal persons or other organizations." Although this is first clearly formulate the state should bear the compensation when the administrative no-feasance bring infringement,but we cann't find the exact legal basis in the present law.It's the defect of the PRC State Compensation Law and Administrative Procedure Law. The purpose of the administration is to serve the society, but the infringement brought by the administrative no-feasance is a departure from this purpose, the neglect of bearing the compensation of the existing law make it further. The state and citizens should on an equal footing at the scale of the law, the state should bear the compensation when it brings the infringement to the citizen. But it isn't formulated in the present law,it is obviously unreasonable.In this paper, I talk about the state compensation of the administrative no-feasance.At first,it gives some analysis on the concept of the administrative no-feasance. It also contains comparison of Chinese and foreign law.Then I analysis the basic position of the existing law. In the focus part of the article, I give my points about the state should held what attitude and position for the infringement brought by the administrative no-feasance, and its practical feasibility.The paper also give some points about how to complete the PRC State Compensation Law and Administrative Procedure Law.