Study On The State Compensation Liability For Administrative Omission

Administrative omission is an administrative agency that has legal statutory obligations but does not fulfill its obligations under certain procedural requirements.In practice,administrative omission usually cause damage to the legitimate rights and interests of the relevant administrative counterparts or social and public interests in different degrees.Based on the legal principle of damages and compensation,The damages caused by administrative omission to relatives should have their channels of relief,it should protect the legitimate rights and interests of relatives and social and public interests,and should compensate for the losses caused by them.However,in the “State Compensation Law”,which is currently the main issue for the regulation of state compensation in China,the state's liability for administrative inaction has not been clearly established.The inclusion of administrative inaction of administrative agencies in the scope of national compensation,both theoretically and in judicial practice,is an issue that is urgently needed to be solved.It is very necessary and of practical significance.In practice,after the administrative agency's inaction caused damage,there were cases that caused administrative litigation or even state compensation.However,it is difficult to operate on procedurally.The fundamental reason was that there was no legal basis.At present,there is a lack of systematic research on the state compensation liability for administrative inaction in China's legal school,and the corresponding legal system design also presents a relatively blank state.In view of this,this article will sort out the issues related to the national liability for administrative omission.First,it explains the basic theories of administrative omission,and secondly,it summarizes the current legislation in China and the current state of legislation on state compensation for administrative omissions and provides a reference for the construction of China's administrative nonfeasance liability system.Then we will focus on the constituent elements of state compensation liability for administrative inaction.This is also the key basis for the country to bear compensation liability for administrative inaction as an administrative agency.In the end,the author will try to put forward several suggestions for the improvement of China's "State Compensation Law," and then provide a theoretical basis for the legislation of China's administrative failure to be the state's liability for compensation.It is believed that with the continuous advancement of China's legal construction,the state's liability for administrative inaction will gradually mature and continue to improve in theory,legislation,and judicial practice.