The Administration Is Not As State Compensation Constituent Elements Study

The national indemnification law does not give a clear definition on obligation of illegal nonfeasance when the rights and interests of citizens, juridical persons, or the other legal organizations are harmed. However, coming with more and more conflicts in societies between administrative nonfeasance and legal right vindication, cases were frequently happened, in which citizens, juridical persons, or the other legal organizations were harmed, because of the administrative nonfeasance. Started form the specific cases and implications of administrative nonfeasance, and by providing detail analysis, the dissertation is concentrated on the follow main sections of nation indemnification: obligation corpus of administrative nonfeasance, nonfeasance self, and cause and effect relation between nonfeasance and harm cases. Through tightly checking and supervising around the administrative rights, the spirit of the utmost guarantee citizen rights, and the comparisons between Chinese nation indemnification system and those of west nations, the dissertation carries on the thorough analysis and arguments to the indemnification corpus and nonfeasance behaviors, attending to expand in our country the scope of indemnification corpus and to show clearly cause and effect relation principles, to focus on the sequences when several parallel indemnification obligation co-exist, to give a clear demarcation line of judicial review rights and those of administrative discretion, and to, in most of all, improve our national indemnification law.