怠于履行行政义务及其赔偿责任

与行政权不同 ,行政机关义务的来源呈现多元化特点 ,除法定形式外 ,还有职定、自定、约定、行为定及决定等 ;行政义务的内容也不仅是作为 ,还包括按照一定标准的作为和主观注意的义务 ;怠于履行义务的行为 ,既有客观行为形式 ,也有主观过错的性质 ,比不履行法定职责的概念更全面科学 ;行政义务是对社会大众所负担的抽象义务 ,更是对个体所负担的具体义务 ,在具备根据事实的情况下 ,该个体对义务机关有法律上的请求权 ;如怠于履行义务并造成损害后果 ,行政机关应当承担国家赔偿责任。造成损害后果的原因 ,是第三人、受害人的作为行为与行政机关怠于履行义务的行为 。

The origination of obligation of agency different from its power is many-faceted. In addition to legal form, its origination also can be from others, such as authority of office, provision by itself, agreement, decision of its own. The obligation means not only act, but also act according to some standard and subjective attention. Being remiss in obligation, which embodies in not only objective act form, but also subjective faults, is more scientific than not to perform function. The obligation is the abstract one to the public, even more specific one to individuals who has claim rights to agency provided facts and basis. If agency is remiss in obligation and causes damages, it should assume the burden of state compensation. If the causes include act of the third party and the victim and conduct of agency remiss in obligation, the burden of state compensation should be shared according to their own faults.