The Case Of Lu Hucang Prosecute SHIYAOJIAN For Jurisprudence Analysis

The main contradiction of our society has been transformed into the contradiction between the people’s growing good life needs and the unbalanced development.The administrative organ is the main body of exercising state power,and it participates in all aspects of social life by actively exercising its functions and powers,which puts forward higher requirements for administrative organs according to law.However,in the field of government administrative organs,administrative omission has become more prominent in today’s society.The omission of the administrative organs not only undermines the trust of the citizens to the government,but also infringes the legitimate rights and interests of the administrative counterparts.At present,in the legislative field of our country,the legislation regulating the liability of state compensation has not made clear provisions on administrative omission as state compensation liability.In judicial practice,the court finds that the application scope and strength of the administrative omission of administrative organs is still quite limited.Instead of other countries in the world in the legislation and judicial practice,are a common way to assume liability to pay compensation by the government to solve the administrative department of the government and its staff do not as a cause of damage compensation.This is the only way to safeguard the social stability of a country and a powerful means to protect people’s rights and interests.In view of China’s current national conditions,it is necessary to study the administrative omission of state compensation liability.In this paper,through the research is not as the connotation,the constitutive requirements of content,makes every effort in the field of research on administrative omission accurately defined,analysis our country’s policies and regulations at the same time,further explore the development trend of administrative nofeasance of state compensation.Theoretically studies the administrative not as the main body of national became the first compensation rationality and necessity,explore all aspects of China to carry out the government administrative not as a state compensation problem caused by obstacles,in draw lessons from foreign advanced legislative experience and practice,on the basis of put forward solutions and Suggestions from different angles.Thus,the state compensation system which makes administrative omission can be carried out smoothly.Specifically,the content of the article can be divided into five parts.First part by introducing a widely attention of poison vaccine event in shandong province,points out that the case involved in the problems in the field of administrative,then this article research content on the background,the significance of the research content,research the problem the way and relevant theory of literature.In the second part,we summarize the situation of the case and sum up the two problems in the case.One is whether the action of the defendant’s food and drug administration constitutes administrative inaction;The second is that the plaintiff,The third part analysis the case of the first focus problems,mainly from the connotation of the administrative omission and administrative not as the two aspects carries on the analysis of the constitution of crime,cognizance of shaanxi food drug administration behavior belongs to administrative inaction.For the components of the administrative omission,this article mainly determined in the following three angles: administrative organs have as the obligation of legal and administrative organs have the ability to perform the obligations,the government administrative organs due to subjective reasons failed to earnestly fulfill obligations.Meeting the above three requirements,namely constitute administrative inaction.In the fourth part,the author argues that the administrative omission of the food and drug administration bureau should be the basis of state compensation.In the fifth part,the author puts forward some Suggestions on how to improve the legislation,establish enterprises’ sense of integrity,and strictly implement the admittance system.To sum up,it is necessary to start the state compensation procedure for the violation caused by the inaction of government administrative organs.On the basis of the transformation of traditional concept,we should make an accurate definition of whether the administrative organs constitute the administration,and ensure the legitimate rights and interests of the masses.Countries need to perfect the legislation,make up for our country about the administrative nonfeasance of state compensation law,further deepening the reform of administrative system,decrease and eventually stop administrative omission phenomenon.In the end,enterprises should start from enterprises to produce the products of people’s trust,and eliminate the recurrence of similar cases from the root cause.