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实践中,行政不作为违法给公民、法人及其他组织的合法权益造成的损害程度不亚于行政作为违法,我国的《国家赔偿法》在此方面的规定存在不足。本文将从该法有关行政不作为违法的立法缺失入手,肯定国家对此应当承担赔偿责任,浅析此举的意义,最后分析了如何将《国家赔偿法》中行政不作为违法纳入国家赔偿机制。
In practice, the damage done to the lawful rights and interests of citizens, legal persons and other organizations by administrative omission as much as the damage done by the administrative authorities is no more than the law. The provisions of the State Compensation Law in our country are inadequate in this respect. This article will start from the lack of legislation on administrative omission law, affirming that the state should assume the responsibility of compensation, and analyze the significance of this. Finally, it analyzes how to incorporate the administrative non-compliance into the state compensation mechanism in the State Compensation Act .