Research On The Identification And Allocation Of Responsibilities Of Administrative Omission As State Compensation Liability

Administrative omission refers to a situation where an administrative agency and its staff have a specific obligation to act in the law,but fail to perform the obligation in a timely manner within the procedures prescribed by the law.In judicial practice,the omission of administrative subjects often detracts from the legitimate rights and interests of citizens,legal persons or other organizations.If there is damage,there is compensation.According to this legal principle,corresponding remedy channels should be provided if the illegal omissions cause the damage to occur,that is,to realize the protection of the legal rights and interests of the administrative counterpart through compensation for losses.The law of our country concerning state compensation is mainly reflected in the "State Compensation Law",but it does not stipulate the state compensation for administrative omission.Whether from the perspective of judicial practice or theory,it is very necessary to establish the state compensation liability of administrative omission and clearly bring the damage caused by administrative omission into the scope of state compensation.In practice,although there are many specific cases of administrative lawsuits and claims for national compensation due to damages caused by the omissions of administrative agencies,there are procedural situations that are difficult to operate.The fundamental reason lies in the lack of legal basis.At this stage,our country’s research on the state’s compensation liability for the omission of administrative agencies is not comprehensive enough,and the legal level also lacks the corresponding system design.From the perspective of three cases of state compensation caused by administrative omission,analyze the focus of the dispute,analyze the causality,the scope of compensation for loss and the mixed problems of liability in the case of state compensation for administrative omission.,and puts forward its own views in order to benefit the judicial practice in China.In addition to the introduction and conclusion,the article is divided into three parts:The first part mainly takes three cases of state compensation caused by administrative omission as the breakthrough point,and sums up the focus of controversy by combing and analyzing the cases.That is,the determination of the causal relationship between administrative omission and damage results;How to define the scope of compensable loss caused by administrative omission and how to bear the liability under the condition of mixed liability.The second part makes a legal analysis of the three controversial points,which focuses on three aspects.Firstly,how to judge the causal relationship between inaction and damage results;Secondly,how to define the scope of compensable losses caused by administrative omission;Thirdly,how to bear the civil liability and the state liability for compensation when civil tort and administrative tort cause damage together.The third part is the conclusion and enlightenment.After the legal analysis of the focus of the dispute,it summarizes and puts forward some suggestions.(1)Refine the determination of causality,and based on the theory of association,there should be different standards for determining causality for different types of administrative inaction;(2)expanding the scope of "direct loss" reasonably;(3)The principle of share responsibility should be applied in the distribution of compensation liability;(4)The state compensation for administrative omission is subject to prudent obligation.