Liability for the Tort of Administrative Inaction: Jurisprudential Analysis and Practical Discussion of the Law of State Compensation

DOI: https://doi.org/10.62517/jel.202514516

Author(s)

Yan Zhang

Affiliation(s)

School of Administrative Law (Disciplinary Inspection and Supervision), Northwest University of Political Science and Law, Xi’an, Shaanxi, China

Abstract

This paper examines administrative omission as a distinct category of administrative behavior, focusing on its legal nature, constitutive elements, consequences, and possible avenues for redress. Drawing on both theoretical perspectives and judicial practices, it highlights how administrative inaction can lead to tort damages. The findings reveal that China’s State Compensation Law does not provide explicit provisions for liabilities arising from administrative omission, even though its legal significance is comparable to that of administrative actions. To address this gap, the paper argues for incorporating administrative omission into the state compensation framework and stresses the importance of enhanced judicial oversight to broaden relief mechanisms. Furthermore, it proposes the normative theory of protection as an interpretative guide for applying the State Compensation Law to tort cases involving administrative inaction.

Keywords

Administrative Inaction; Tort; State Compensation; Normative Theory of Protection

References

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