行政不作为概念辨析

中国行政法学界对如何界定行政不作为有多种主张.通过分析有关国家和地区的立法与实践及我国学者对之的理解,笔者认为界定行政不作为应以法定作为义务为标准,如果行政主体未履行法定作为义务,不论这种作为义务是程序上的作为义务还是内容上的作为义务,都构成行政不作为.

Analyze the Concept of Administrative Omission

There are many theoretical opinions about how to define administrative omission in Chinese administrative community. By the analysis of legislation and practice of some concerned countries and areas and the understanding of Chinese learners, the writer considers that to define administrative omission should be in terms of legal obligation of conduct. If the administrative subject does not perform its legal obligation, the administrative is constituted, no matter this legal obligation of conduct is form the administrative procedure or content.