Legal Regulation Of Lack Of Performing Administrative Obligations

The revision of the Administrative Procedure Law in 2015 initiated the academic research on administrative omission.With the reform and opening up,new problems have arisen in the way administrative organs exercise administrative power,such as formalism,inaction for officials and laziness.Based on this,this paper enlarges the theoretical concept of administrative omission,and proposes that the above phenomena should be included by neglecting to fulfill administrative obligations,and the corresponding legal regulation should be carried out in combination with practical cases.This paper is divided into four parts:The first part,focusing on the background of neglecting to perform administrative obligations,is to explain why focusing on neglecting to perform administrative obligations.Firstly,in reality,the dislocation of executive power involves a wide range of fields and has a profound impact.Therefore,the paper elaborates the necessity of its regulation from the perspective of national documents and policy theory,which leads to the thinking of how to unify the regulation.Secondly,based on the analysis of the process of the development of the concept of administrative omission,combined with the actual performance of administrative organs' omission,this paper puts forward the term "negligence in fulfilling administrative obligations" as the object of this study.The second part is to clarify the concept of negligence in fulfilling administrative obligations.Firstly,starting from ontology,we should strengthen systematic and in-depth research,and sort out the concept of neglecting to perform administrative obligations.Secondly,the three levels and characteristics of negligence in fulfilling administrative obligations are described,and the application of negligence in fulfilling administrative obligations is further clarified.It is analyzed from the aspects of violation of existing legal provisions,combination of legal norms and duty of care,and non-legal norms.Finally,the differences between neglecting to fulfill administrative obligations and administrative omission are discussed for further understanding.The third part is a reflection on the dilemma of neglecting to fulfill administrative obligations.With the cases proposed in this paper,aiming at the phenomena of typification,the root causes of negligence in fulfilling administrative obligations are explored.This part includes three aspects: obstacles in the identification of administrative duty of care,conflicts in the process of neglecting to perform administrative obligations,and inadequate supervisionafter the occurrence of administration.In the fourth part,the countermeasures against the practical problems put forward in this paper are studied.Firstly,it is proposed that the status of administrative duty of care in administrative law should be explored based on the development and exploration of negligence in fulfilling administrative obligations;secondly,conflicts arising from negligence in fulfilling administrative obligations should be coordinated;finally,supervision should be strengthened and perfected to find specific ways of prevention and relief.