In social life, people's subjective act, in accordance with the scope of its basic functionality is divided into three types [1]: The first is to obtain the most basic means of subsistence of the community are engaged in basic production and labor, such as finding, picking, capture and cultivation of food, build homes, the production of clothing and other necessities of life supplies, etc. , all belong to the basic production and labor.
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What decides a certain kind of wrong, including negligent dangerous act which can be criminalized is not subjective wrong, but the social harmfulness possessed by dangerous act itself.
决定某类过错行为，包括过失危险行为在内可以犯罪化的基础不是主观过错，而是危险行为本身所具有的社会危害性。
Being remiss in obligation, which embodies in not only objective act form, but also subjective faults, is more scientific than not to perform function.
怠于履行义务的行为，既有客观行为形式，也有主观过错的性质，比不履行法定职责的概念更全面科学；
Following to that, the thesis then study the basic elements of administrative omission, obligation of administrative act, subjective faults, taking no ACTS exceeding the deadline in procedures.
在此基础上，对行政不作为的构成要件进行了重点分析研究。指出：法定的行政作为义务、主观过错、程序不为且逾期是行政不作为的三个基本要件。
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