The Research On Administrative Liability Of Administrative Omission

Our government is the people’s government and the people wholeheartedly is the fundamental purpose of our government,30years of reform and opening up, China’s economic and social undertakings has undergone enormous changes, people’s status and living standards significantly improved. However, while fully affirmed the brilliant achievements of our government, we must face the question of its existence. At present, the administrative exist to varying degrees within our government does not as a phenomenon, is one worthy of attention and problems to be solved. Administrative omission, the administrative organs and their staff in the administration, should fulfill certain legal obligations without the actual performance, resulting in the lawful rights and interests of the state, collectives and individuals suffered some damage to the case. It is understood that from1989to2008, people’s courts in China accepted the first instance administrative cases1,405,085,1,401,532have been closed. Among them, the case sued the administration is not as large proportion and showing an upward trend. Administrative omission is not only unethical as of the administrative organs and their staff requirements, and contrary to the administrative laws and regulations and its obligations.China has strong administrative and organizational systems and a large team of administrative staff, even if the administrative authority reform, part of the executive powers transferred to social organizations outside the government to exercise, control the scope of our government on the Economic and Social Affairs, than some Westernwide range of countries, severe, all of our administrative organs and their staff were able to fulfill the duties they should fulfill faithfully and correctly, and effectively do the "right of the people, their interests, some of our local or industryconfusion or even shocking, it will not appear.This thesis is divided into two parts: The first part focuses on the basic theory of administration is not as administrative liability; second part focuses on the executive is not as specific issues in the implementation. I specialized research, administrative legal responsibility of the executive is not as its purposes:First, try to make up our administration is not as a lack of theoretical studies of administrative liability, enrich and deepen the theoretical problem of China’s administrative liability, so that the executive is not as legislation, law enforcement and judicial construction of the administrative liability on a scientific basis; can provide useful guidance for our country as a case to pursue the administrative liability administrative, our administration is not as a phenomenon to be under effective control, supervision and adrninistrative organs and its staff dedicated to promote economic and social development of various undertakings.