How to identify the omission of information disclosure

According to the way of action, the specific administrative actions of administrative organs can be divided into action and omission. As an administrative act, it refers to the administrative act that the administrative subject actively changes the existing legal status; Administrative omission refers to the administrative behavior that the administrative subject passively does not change the existing legal status. There are two conditions that constitute inaction: first, the applicant's request belongs to the scope of authority of the respondent; The second is to refuse to answer the applicant's request or refuse to perform his functions and powers. There are generally three situations in which administrative organs do not act: they do not reply within the statutory time limit or reasonable time limit; Refuse to perform, that is, explicitly answer non-performance; Partial performance, that is, failure to fully perform legal duties.

When trying administrative reconsideration cases such as administrative omission, the administrative reconsideration organ shall first examine whether the respondent bears corresponding legal responsibilities. In this case, according to the provisions of Article 21 of the Regulations on the Openness of Government Information, the administrative organ shall reply to the government information applied for disclosure according to the following circumstances: if it belongs to the scope of disclosure, it shall inform the applicant of the ways and means to obtain the government information; If it belongs to the scope of non-disclosure, it shall inform the applicant and explain the reasons; If the administrative organ refuses to disclose the government information according to law or the government information does not exist, it shall inform the applicant; if the government information disclosure organ can be determined, it shall inform the applicant of the name and contact information of the administrative organ; If the application content is not clear, the applicant shall be informed to make changes and supplements.