Administration Is Not As Illegal And Its Relief System

With the theory of Government of Laws and Responsible Government gradually deepening in mind, the issue of administrative no-feasance has became a focus in the field of administrative law. It has theoretical and practical significance to do systematic and depth research on it. So the author attempts to make a study on remedy for illegal adminidtrative no-feasance in the present paper, using relative perfect theory of other countries for references. The thesis is composed of five parts:The first part is research on the initiation of the theory of administrative no-feasance. For a long time, administrative no-feasance is as an asked and lawful action. Till the last centuary 30's, with the extending of the people's right and the administrative authorities, the issue of administrative no-feasance had come to the fore in the academic study.The secend part focuses on the basic conception of administrative no-feasance. Administrative no-feasance can be lawful and unlawful, although the study of those unlawful administrative no-feasance do have more significance. Based upon analysis of previous research done by other scholars, the author makes a conclusion of the administrative no-feasance.The third part is research on the basic conception of illegal adminidtrative no-feasance. This is the key part of this thesis.The illegal adminidtrative no-feasance is defined that administrative subject bears both the legislative obligation and possibility to certain deeds,but fails to make a clearly decision over the duly time.after defining the illegal administrative no-feasance, the author compares it with non-execution of statutory duty. Last, the author focuses on how to confirm the violation of administrative no-feasance.The constitution of illegal administrative no-feasance must meet the following three crucial points: the existence of obligation, the possibility to act, fail to make a clearlydecision over the duly time.The author mainly discusses the first point.The fourth part focuses on the remedy for illegal administrative no-feasance,that is the litigation system of illegal administrative no-feasance and the state compensation for illegal administrative no-feasance. This is another key part of this thesis.First, it discusses the litigation system of illegal administrative no-feasance. In the world, the countries carry out different systems. Britain court executes mandamus, mandatory inhuncrion,declaratory judgement and so on, to inpose sanctions upon the illegal administrative no-feasance.The United States court makes the judgement that demands administrative agency to performance their specific obligations. Germany employ rhe performance of litigation system. In our countries, the litigation system of illegal administrative no-feasance should be set up. Accotding to the situation of our country, on the perfecting of the litigation system, the thesis gives some advice on the scope of accepting cases ,the kinds of action and judgment, requitements of suing ,timing of suing, responsibilities of plaintiff to testify and so on.Then this part discusses the state compensation for illegal administrative no-feasance. First,this part discusses the necessary to establish the state compensation for illegal administrative no-feasance which has not been set up in our country by now;Then, it focuses on the basic elements of the state's responsibility .