Study On Administrative Omission Judicial Remedy

In our country, the people’s Court of administrative omission cases on the rise, but the damage has not been paid enough attention. Theory of administrative omission is not uniform, the current laws and regulations on the administrative omission litigation relief provisions do not improve. Specifically, our administrative legal norms did not reflect the accuse relief of the administrative omission due position, administrative omission litigation relief just as administrative litigation supplementary exist as. Its provisions only sporadic several, lack of operation, has been unable to meet the needs of the construction of China’s administrative law.This paper is divided into three parts, with the administrative litigation is modelled as, combined with China’s current legal and judicial issues encountered in the practice of administrative omission, and the lawsuit relief of problems are discussed. The first part mainly clarify the accuse relief of the administrative omission of the general theory. The first inductive current mainstream point of view, on the basis of the comparison, point out that the administrative omission means, clear the administrative omission of constitutive requirements, according to different standards, the administrative omission made three different division. On this basis, definition of administrative omission litigation relief connotation, pointed out our country administrative omission litigation of the basis of reality. The second part mainly elaborated that our country administrative omission litigation problems. From the five dimensions in accordance with the proceedings of the general procedure of China’s current administrative omission litigation defect analysis. The third part is a focal point, put forward to perfect our country administrative omission litigation system conception. First, broaden the accuse relief of the administrative omission of the case, the abstract administrative omission infringement of public interests, the administrative omission into administrative omission litigation category. Second, expand the administrative omission litigation plaintiff qualification, clear administrative omission litigation prosecution deadline. Third, improve the administrative omission litigation relief of burden of proof and the forms of judgments. In this paper on the administrative omission and litigation system are analyzed on the basis of, on the construction of administrative omission litigation system framework is a good try.