探析行政不作为及其法律救济策略

An Analysis of Administrative Omission and Its legal Relief Strategy

由于全球经济的持续扩张,各种事项越发地复杂了起来,使得部分社会机制产生了大量的缺陷和不足,例如现有国家法律就出现了较多的弊端,特别是三权分立理念。为了能有效解决这些问题,国家提出了行政立法,但在行政拥有法律义务之后,出现了行政立法不作为的问题,其属于消极履行法律的一种行为,会对社会各界法律的受众产生严重的威胁与影响。

As a result of the continuous expansion of the global economy,various matters have become more and more complicated,making a large number of defects and deficiencies in some social mechanisms.For example,the existing national laws have appeared many disadvantages,especially the concept of separation of three powers.In order to effectively solve these problems,the state has put forward administrative legislation,but it is owned by the administration.After the legal obligation,the problem of the inaction of the administrative legislation has appeared,which belongs to a kind of behavior of the negative performance of the law,which will have serious threat and influence on the audience of the law of all walks of life.