Author(s): ZHU Xin-li
Pages: 80-87
Year: 2001 Issue:  2
Journal: JOUNRAL OF ZHEJIANG UNIVERSITY
Keyword:  行政不作为违法; 行政作为义务; 公法上请求权; 因果关系;
Abstract: Violation as administrative omission is a kind of violation with the present obligation of administrative act as its prerequisite, while the condition that administrative body can perform yet fails to perform due obligation is its necessary requirement. When any action neglecting to perform the obligation of discretional act violates the rule of reason, it constitutes violation as administrative omission. Only when administrative counterpart satisfies the requirements of right to petition in public law (jus publicum) can the damages to administrative counterpart resulting from violation as administrative omission constitute state compensation obligation. When it concerns causality as important constructive conditions, it should be explored on two levels to achieve better understanding, namely, factual causality and legal causality. Furthermore, it is from the vantage of social significance to expound the causative condition leading to the damages from violation as administrative omission.