The Review of Remedy System Toward Administrative Omission
Kang Lin-n
Abstract
Kang Lin-n
Abstract
That administrative omission is a kind of administrative action,which widely exists in the actual life,but theory research and the legal norm have not been able to satisfy the judicature practical needs.What the administrative omission is has been still the problem,which is not solved yet by the jurisprudence theory in our country.The administrative omission refers to the one that the administrative subject has to take the legal duty,meet the relative applicant,carry out it,but does not accomplish negatively in the procedure.On this basis,the author carries out a self-criticism on the current situation of administrative omission remedy,analyses the two ways of the administrative remedy——administrative lawsuit and administrative reconsideration.
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That administrative omission is a kind of administrative action,which widely exists in the actual life,but theory research and the legal norm have not been able to satisfy the judicature practical needs.What the administrative omission is has been still the problem,which is not solved yet by the jurisprudence theory in our country.The administrative omission refers to the one that the administrative subject has to take the legal duty,meet the relative applicant,carry out it,but does not accomplish negatively in the procedure.On this basis,the author carries out a self-criticism on the current situation of administrative omission remedy,analyses the two ways of the administrative remedy——administrative lawsuit and administrative reconsideration.
Key concepts: Administrative law, Lawsuit, Jurisprudence, Duty, Subject (documents), Criticism, Law, Law and economics