略论行政不作为

Study on Administrative Action

行政行为分为行政作为和行政不作为,当前理论界常把行政不作为认定为是违法行政行为。笔者认为,只有界定了行政不作为的内涵,弄清了行政不作为的构成要件,才能从理论上和实践上区分行政不作为和违法行政行为。

Administrative act is constituted of administrative action and administrative omission. Currently, we usually define administrative omission as an illegal administrative action in academic field. The author thinks that we can distinguish the difference of administrative omission and illegal administrative action in theory and practice only when we have grasped the essence of administrative omission and have taken hold of the important document of it.