Research On Administrative Omission

With the gradual weakening of the management-oriented administrative concept,the service-oriented and cooperation-oriented administrative idea have emerged,the regulation of administrative power can not only focus on the irregularities,which is the traditional and single form,but also pay attention to the form of omission that the administrative organs fail to perform or inactively perform their statutory duties and obligations.The focus of the identification of administrative omission is mainly on the constitutive requirements of administrative omission,and there are problems in the field of practice and theory.The discussion of administrative omission on the level of academic research has been lasted for a long time,but the discussion of its meaning,constitutive requirements and forms of expression have not been able to form a unified understanding,and there are many controversies.This paper attempts to clear the administrative omission core by analyzing the constitutive requirements and forms of expression of administrative omission,so as to regulate it more specifically.The premise of administrative omission is the burden of statutory obligations.This article starts from this and combines the academic research level and the institutional practice level in China to study the focus of administrative omission.Firstly,explore the concept,constitutive requirements and forms of expression of administrative omission,explain the obligations and possibility of actions,and reveal that administrative omission is mainly manifested in the failure to perform statutory duties and delay in the implementation.Secondly,study the administrative omission from the perspective of institutional rules and practice,and analyze the two concepts of administrative omission and procedural administrative omission,specific administrative omission and abstract administrative omission.And further examine the administrative omission from the three levels of legal regulation,legal facts and legal rulings to make a breakthrough to analyze the state of administrative omission in the institutional rules and the focus of administrative omission in judicial practice.Thirdly,take the field of environmental protection as a research sample,analyze and summarize the characteristics,constitutive requirements and litigation practice experience of administrative omission in specific fields.Fourthly,through the study of institutional and remedy measures for administrative omission in the United Kingdom,the United States,France and Japan,although countries do not clarify the independent concept of administrative omission,the form they present is usually included in the administrative relief field.Countries are more consistent in the scope of compensation for specific administrative omissions,but there is still controversy about whether administrative omission can be included.It is clear that the state compensation lawsuit,that is,the state's responsibility for administrative omission liability has a pivotal position in the regulation of administrative omission,and can provide useful lessons for enriching China's practice and legislation.Finally,this article introduces the current mainstream regulatory measures for administrative omission at the legislation,law enforcement and judicial levels,and further explains the more effective and critical legal system of state liability combined with the specific practice of administrative omission in China.