On The Act Duty Of Administrative Omission

The role of administrative subject is an important research area in administrative jurisprudence,the main research of administrative is about the legal significance of the related administrative activities in order to better regulate the corresponding administrative activities to safeguard the legitimate rights and interests of administrative relative person.Therefore,the role of administrative subject plays a crucial issue to safeguard the legitimate rights and interests of administrative relative person.The duty of administrative subject determines the objective ?legitimacy and scope of the administrative power.If the research of administrative behavior focuses on the duty of administrative subject,it will change people's inertial thinking about administrative subject.At present,in the administrative activities appear the administrative omission which infringes upon the lawful rights and interests of people.In order to deal that question we should conform the duty of administrative subject that fail to observe.The research of the act duty of administrative omission is significance to define the concept of administrative inaction as well as conform to the future development trend of administrative law.The study of administrative omission compared with abroad is still relatively weak,especially always focus on the administrative litigation,which limits the research view of administrative omission,domestic scholars less notice the administrative omission as well.The paper is based on the concept of administrative omission that is the administrative subject fail to fulfill their act duty. On the act duty to define the concept of administrative omission has its advantage,at the same time, the study of relevant type of act duty is good to solve some scholars' current debate.Such as :definition of administrative omission of entity and procedure?new delimit the scope of administrative omission and new trend of administrative omission.First of all,the source of the administrative act duty is not adapt to the relief of the administrative omission.Second,the research of administrative act duty is still in the weak stage.Finally,it is necessary to jump out of the traditional research angle.In short,it is based on the discussion of sources of act duty?meaning?characteristics?classification?and relative concepts to discover the new development trend of administrative act duty. The innovation of the article is the fourth part which introduce the new development trend of administrative actduty.There is a relative large change about the extension of administrative act duty compared with the traditional definition of act duty.The full paper is divided into four parts:The first part: the overview about the basic theory of administrative omission,this part is mainly about the administrative omission giving us a general understanding and clear the current controversy and situation of the research on administrative omission. Noticing the breakthrough significance of the research of the act duty to the research of administrative omission.The second part: on the act duty of administrative omission,this part is an important subject of this article,which involved about the meaning of the act of duty?characteristics ?sources and related concept discrimination?the request of execution of the act duty and the relationship between the administrative act duty and the administrative discretion. This part is mainly research about the related questions about administrative act of duty of the administrative omission in order to judge whether a behavior belongs to the category of administrative omission.The third part: on the expansion trend of the administrative act duty of the administrative omission, this part including some creative thoughts which based on the current theoretical research. Specifically the research of the administrative omission is still circle around the administrative procedure law. The expansion of the administrative act duty is mainly come from the sources besides the law which reflecting the increasingly changing society. At the same time, it is forward-looking to talk about the expansion of the administrative act duty that safeguard the legitimate rights and interests of the administrative relative person.The forth part:mainly about the protection of the rights of citizens under the situation of the extension trend of the administrative act duty. The theory of administrative public interest litigation inspired to find corresponding countermeasures. The expanding the scope of accepting cases in administrative litigation system can provide response as obligation to expand trend effective measures...