论行政不作为及其法律救济

发布时间：2018-03-17 02:35

本文选题：行政不作为　切入点：行政相对人　出处：《法制与社会》2016年36期 　论文类型：期刊论文

【摘要】：近年来,行政不作为成为司法界一个新的热点,引起越来越广泛的关注和讨论。其实行政不作为现象早就存在,之所以越来越重要,是因为社会普法工作的大力推进,法律宣传工作深入人心,公民的法律意识逐步加强,学会用法律手段维护自身权益。行政不作为现象逐年增多,严重损害了我党和政府在人民群众心中的形象和权威,违反了为人民服务的基本理念,导致国家行政水平越来越低,行政效率越来越低,严重影响整个社会的进步和发展。本文主要分以下内容来探讨这个问题。第一部分主要讲述行政不作为的基本概念。第二部分探讨行政不作为的危害性,分析导致行政不作为的原因,得出行政不作为司法救济的必然性和紧迫性。第三部分提出完善法律救济的一些措施,怎样通过立法手段减少行政不作为行为的发生,保障行政相对人的合法权益。
[Abstract]:In recent years, administrative omission has become a new hot spot in the judicial field, which has attracted more and more attention and discussion. In fact, the phenomenon of administrative omission has long existed, and the reason why it is becoming more and more important is that the work of popularizing the law has been vigorously promoted. Legal propaganda is deeply rooted in people's hearts, citizens' legal consciousness has been gradually strengthened, and they have learned to protect their own rights and interests by legal means. The phenomenon of administrative inaction has increased year by year, which has seriously damaged the image and authority of our party and government in the hearts of the people. In violation of the basic concept of serving the people, the level of national administration is getting lower and lower, and the administrative efficiency is getting lower and lower. This paper mainly discusses this problem in the following aspects. The first part mainly discusses the basic concept of administrative omission. The second part discusses the harmfulness of administrative omission. This paper analyzes the causes of administrative omission, and concludes the inevitability and urgency of judicial remedy for administrative omission. The third part puts forward some measures to perfect the legal remedy and how to reduce the occurrence of administrative omission through legislative means. To protect the legitimate rights and interests of the administrative counterpart.
【作者单位】：中共长春市委党校法学教研部;
【分类号】：D922.1

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