Judicial Relief Of Administrative Nonfeasance

2015 implementation of the newly revised "administrative litigation law", and the eighteen major government structure optimization, the government functions slowly change, the government began to pay the concept of government.Subsequently reviewed a large number in the process of ruling the negligence Zheng lazy lazy governance and oversight, dereliction of duty, not as a problem, making the administrative not as administrative theory and not as a practical contradictions in the field of law enforcement and judicial fields have become increasingly prominent,resulting in difficulties with the law enforcement confusion urgent need a set of mature theory and advanced legislation has to be guided and solved.The paper altogether divides into four parts: the first part gives a brief introduction to China’s administrative not as the basic theory, and introduces the litigation are analyzed. The results show that the administrative omission litigation is our system of litigation is an indispensable part of the administrative omission. The second part mainly discusses the present situation of our country’s administrative omission. The third part mainly discusses the foreign administrative omission theory and more mature legal system. From the two aspects of Anglo American law system and continental law system introduced theoretical results of the major countries, to expect for our country’s law of the administrative omission and provide reference to the improvement. The fourth part focuses on the supplement to the judicial remedy for administrative omission, analyzes our country law to abstract administrative omission and damage to the public interest of the administrative omission into administrative litigation, and the State Compensation Law "to the administrative omission explicit inclusion of and suggestions on the implementation of specific, and the convergence of administrative litigation and administrative compensation is necessary to do a simple exposition. Hope that through the administrative omission of judicial relief related issues, can provide some reference for administrative legislation, judicial practice and theoretical research.