Identification Of Administrative Omission And Its Regulation Path

Administrative inaction is an inevitable and inevitable negative illegal act in the process of government activities.It shows that the administrative subject is responsible for the administrative law.In the case of possibility,it does not fulfill the obligation of law in a certain period or in a certain way.It is worth noting that the administrative act,which should be regarded as administrative omission in the same form as the general administrative inaction,is easy to be ignored in practice or to be regarded as a category of administrative act.If the police station of the police station in Huan case arrived at the scene,he also gave verbal warning to the debt service personnel,and went out to investigate and inquire about the information of the police.It seems that it has fully implemented a series of actions to deal with civil disputes,but further analysis is not difficult to find that because the police did not take the right protection measures in time and did not take the right protection measures,the mother again fell into the personal safety hazard imposed by the debt workers,which was on the brink of collapse in the end because of the misfortune of defense.The result of the death of a debt collector is three,and the attitude of the police station's perfunctory omission is directly related to the tragedy of a dead three injury.It can be seen that the simple way to measure the establishment of administrative omission by certain standards,such as the period of legal performance or the static movement of the body,can not cover all administrative omission,therefore,to seek more reasonable standards for the transformation of the form of administrative omission into a substantial recognition,the transition from the rule of law to the substantive rule of law.The internal requirements.The administrative inaction reflects the common work style of the administrative organs and their staff,and the current administrative inaction legislation is deficient,and the administrative inaction accountability system is still unsound.The long-term existence and lack of effective solution of these problems makes the weak administrative counterpart incompetent but difficult to achieve the right relief when dealing with the administrative organs,and the legal rights and interests are violated by different degrees and thus produce different results.Therefore,in order to study the administrative act of administrative inaction in depth,the author tries to analyze and define the current theoretical identification and definition of administrative omission on the basis of the analysis of the existing research results,and try to clarify and improve the standard of the substantive determination of administrative inaction.Through the study of the plight of multiparty reality and the defects of the system and the causes of the problems,the relevant institutional measures for its effective regulation are put forward to achieve the greatest degree of protection of the administrative counterpart or even the interests of the people who have been infringed by the administrative inaction.Starting from the study of three typical administrative inactions,this paper points out that the current disputes about the administrative inaction,which is a negative and illegal administrative act,has been found in the theory.The normalization of the duties,the defects of legislation and system in judicial practice,and so on,are practical problems.This paper discusses and puts forward some views on several kinds of typical administrative omission in the theory,and analyzes the cause of the common existence of administrative inaction.Secondly,according to the misunderstandings in the theoretical definition of the administrative omission and the relevant provisions of the current law,it points out that its performance in the legal operation is that there are unavoidable defects in the legislative and judicial levels,such as the related rules of the abstract administrative inaction.In the litigation of administrative omission,the defects of the burden of proof should be narrowed.On the basis of the above views on the definition of administrative inaction,these defects are analyzed one by one and a more reasonable point of view is tried.Finally,perfecting the regulation of the phenomenon of administrative inaction needs to amend the problems of administrative inaction in the process of legal practice,so that the legislation,the judiciary and the administration can be more effective in the division of labor and cooperation.In addition,a more diversified administrative omission dispute resolution mechanism is needed to enable more people to participate in supervision and restriction.Therefore,this paper puts forward some effective measures in the process of legal implementation and supervision,in order to reduce or contain the existing problems of administrative omission in our country,and to protect the legitimate rights and interests of the administrative counterpart more comprehensively.