Judicial Relief Research On Administrative Inaction

The key of rule by law is the administrative function in accordance with law,which require administrative subject to improve its capacity and strengthen the quality of enforcement,and also need to establish and perfect a comprehensive supervision system.Administrative omission often happens in practice,that impairs citizen's legitimate rights and interests,damages the public confidence,and blocks attainment of the rule by law and the administrative function in accordance with law.It is necessary to perfect judicial relief system to reduce administrative omission.The thesis is divided into three parts:The first part is about the overview of administrative omission.Upon the study of some typically definitions,the thesis summarize an appropriate definition of the administrative omission.In addition,the thesis briefly describes the conditions of the administrative omission.The second part is about the current legislation and problems of administrative omission's judicial relief.At first,the thesis will expound the current legislation of administrative omission's judicial relief.Then,upon the current situation,the thesis will lead to the problems of administrative omission's judicial relief.The third part makes some suggestions to perfect the administrative omission's judicial relief,including extend the scope of accepting cases,expand the administrative public interest litigation's plaintiff qualification,complete the effective judgment,and establish the criterion of administrative omission and its state compensation.