关键词: 借阅权利?, 保护规范理论, ? 行政作为义务, ? 行政不作为

Abstract: To study the theoretical basis of protection of readers’ reading rights, the paper targets at “protective regulation theory” of German administrative law as research object, investigates respectively the administrative action obligation on libraries, readers’ rights protection mechanism, and related legal disputes analysis on administrative inaction of libraries. The reference and revelation lies in the following aspects: the uncivilized behavior of readers is not counted as tort; if library fails to correct the uncivilized behavior of the readers in time, it violates its own administrative action obligation; the library’s violation of administrative action obligation is of illegality; the administrative discretion of library can’t be used as the excuse of exemption from legal liability; other readers in library have the right to claim their public law rights as the third party with independent claim in procedure law.

Key words: Reading rights, Protective regulation theory, Administrative action obligation, Administrative inaction