关键词: 行政迟延, 理论形态, 行政法控制

Abstract:

On Administrative Delay(Shanghai University of Political Science and Law, Shanghai 201701, China)Abstract： 〖WTBZ]Administrative delay, as an irrational act in using authority, is usually ignored both in the theory of administrative jurisprudence and in the practice of administrative lawgoverning. In fact, in contrast to the traditional administrative law violation, inappropriate administration and administrative omission, it is more critical for administrative subject to use administrative authority with neglect, abandon administrative authority for no reason, and make sluggish administrative acts in space and time as well as other administrative delays. No scientific approach to the irrational act of using authority as administrative delay and its control is made so that administrative law is not capable in controlling administrative authority. For this purpose, this essay tries to make a systematic discussion of the essence, theoretic forms and legal control of administrative delay. The author holds that we should improve our consciousness of controlling administrative delay by administrative law, establish the system of acting ways of administrative authority in administrative substantive law, use administrative procedure law to set up the specialized control article on administrative delay, and strengthen the judicial discretion in administrative proceeding.

Key words: administrative delay, theoretic forms, control by administrative law