论行政不作为的危害及其防范

行政不作为是行政行为的一种特殊形式,在客观上具有一定的隐蔽性,其危害性与行政乱作为的危害性相比有过之而无不及.行政不作为造成政府职能错位,人为削弱行政职权的效力,直接损害社会公共利益,损害政府形象.因此强化司法权对行政权的制约和控制、完善行政法制体系,追求勤政廉政、树立责任政府理念,系统解决行政不作为,标本兼治,防治不作为.

Discussion of the Hazard of Administrative Omission and its Preventions

Administrative omission is a kind of administrative behavior in particular, which owns some certain nature of concealment objectively. Compared with executive arbitrary conduct, it is rather more harmful. It causes government funtion misplacing, weakening artificially the effects of powers over administration, which damages social public interests directly as well as the government image. Therefore, it is necessary to intensify the restriction and controlling of judicial power over executive power, and to perfect the system of legal institutions of administration. Moreover, we should try to be diligent and honest, establishing the theory of responsibility government and resolving all administrative omission systematically, not superficially but essentially, so as to prevent administrative omission.