Research On Tort Liability Of Administrative Omission Of Public Security Organs

This article explains the definition of administrative inaction of public security organs.The "administrative functions of public security organs" determine the administrative duties shouldered by public security organs,so as to analyze what kind of behavior belongs to "administrative inaction of public security organs" and put public security organs in special areas.The conduct carried out within is clearly deterministic.Secondly,the analysis focuses on "administrative inaction infringement",including how to determine "administrative inaction infringement" and the constituent elements of such "administrative inaction infringement".Finally,it is supported by several representative cases.The general tort theory is extended to the administrative tort theory to determine the determination and responsibility of administrative inaction tort liability.It is determined that in administrative inaction tort cases,the administrative agency of administrative inaction should bear the tort liability.Mainly based on our country’s provisions on the principle of imputation of national compensation,China’s current "Administrative Procedural Law","National Compensation Law" and the Supreme People’s Court’s "Instructions on Whether Public Security Organs Should Perform Administrative Compensation Liabilities if They Do Not Perform Their Legal Duties" Relevant regulations determine that public security organs should bear the liability for damage caused by administrative inaction.Explore the causal relationship between administrative inaction and the result of damage,discuss the difference between direct damage and indirect damage on the issue of liability,determine the impact of the causal force between the two,and establish the administrative power As the compensation standard for the national compensation cases.