行政不作为国家赔偿分析.pdfVIP

Abstract With the rapid development of social science and technology and the continuous expansion of state power, State Tort opportunities and the possibility increases. In order to maintain social stability and promoting economic development, we must establish the appropriate legal system to control and restrain the occurrence of state violations. To relief the damage of State tort has become an inevitable requirement of social progress. Administrative omission is that the state infringed the performance of a particular practice. The theory is a system of administrative law that is an important issue. Strengthen the research on this issue, for the perfect discipline of administrative law system, is important for theoretical and practical significance. I tried to take state compensation of administrative omission as a disciplinary system for administrative law as a basic problem to study. Dig the executive is not as basic connotation of state liability. The author believes that administrative omission as a tort liability arising from the logical starting point is the establishment of democratic institutions and private interests and national unity of opposition and the public interest. Administrative omission is not only a form of liability tort. It is a course of conduct and the facts state. In China, the administrative omission is only as an infringement of the main administrative actors, administrative opposite side is the object of administrative infringement. Must clarify the order of administrative omission actors, elements and causation . The first part of this paper analysis the administrative omission on academic, described the need of state compensatio