Public Security Administrative Nonfeasance Tort Liability

"Administrative omission" as a kind of special administrative act of the administrative subject often hurt the interests of administrative counterpart, law circles over the years on the state compensation for administrative omission has been a lot of research, but the research subject are generalized administrative organs, there is little to particular types of administrative organs administrative omission research. This article from the perspective of a police in the public security organ, the state compensation liability for administrative inaction tort as the research object, the public security organs theory of administrative omission infringement of state compensation involved and encountered problems in practice are discussed. This paper firstly discusses the concept of the public security organs of administrative omission and the manifestation, emphatically introduces specific public security administrative nonfeasance tort concept, characteristics and forms of content, at the same time Abstract public security administrative nonfeasance tort concept and our country Abstract public security administrative nonfeasance tort status briefly, and not the reason as the focus of this paper.The second part of the article from the "administrative procedure law" and the defects of China’s public security organs Administrative Nonfeasance tort compensation of current situation, from the legislative level analysis of China’s legal system of public security administrative nonfeasance tort vulnerability, and then from the reality describes the present public security administrative nonfeasance tort compensation basis and method way, reflecting the grass-roots in the implementation of the messy situation of tort compensation, through the two aspects of legislation and law enforcement of public security organs Administrative Omission described the necessity of tort liability standard. The third part of the public security organs of administrative nonfeasance tort liability principles of attribution are discussed, the commonly used fault liability principle, non fault (or dangerous liability) compared to the liability principle and the liability for violation of principle, combined with China’s national legal environment, put forward the suitable for China’s public security organs of administrative omission liability the principle of tort liability.The fourth part of the article mainly from the four aspects of subjective elements, behavior elements, damage fact, causality and discusses the public security organ components of administration nonfeasance tort liability, it briefly introduces the key points of public security administrative nonfeasance tort liability as distinguished from the compensation responsibility.The fifth part of the article is the author of the usually see in the summary of our country at present public security administrative nonfeasance tort liability to pay compensation difficulties encountered in judicial practice, including the determination of rights and interests of the identification, the cognizance of causal relationship, the scope of compensation, supplemented by case in identification process part of the problem confused easily produce puts forward personal view.The last part of this paper based on the previous analysis, the compensation procedure proposed the introduction of recovery procedures, the introduction of administrative litigation law of the burden of proof on the inversion of evidential burden mechanism, the scope of compensation using multivariate proportional system, the introduction of non statutory authorities supervision are some prospects of thinking in the administrative litigation judgment, and in the existing the Supreme People’s court, the public security organs "non performance of statutory administrative duties is liable for administrative compensation of the reply" and "administrative litigation law" on the basis of how to improve the public security organ of administrative omission liability gives some advice.