Research on Administrative Responsibility

Author: Shen Kaiju / Wang Yu
Publisher:
Publish Date: 2005-06-28
Features: This book examines and analyzes administrative responsibility from the perspectives of moral and legal liability. The study of responsibility within the administrative law system should be a "dual-track system," where the administrative legal relationship involves two parties: the administrative subject (the managing party) and its staff as one track, and the administrative relative (the managed party) as the other. These two tracks run parallel throughout the entire field of administrative law. Legal liability refers to the adverse legal burden borne by a person who violates an obligation. In the administrative process, both the administrative subject and the administrative relative who violate administrative legal norms must bear corresponding legal liability—administrative legal liability. However, since the illegal states, principles of attribution, burden of responsibility, and the entities responsible for enforcing the responsibility differ between the administrative subject and the administrative relative, they should have different forms of responsibility. When the administrative subject violates administrative law, it bears state responsibility; when the administrative relative violates administrative law, it bears administrative responsibility. These two forms of responsibility are unified under administrative legal liability. The administrative responsibility proposed in this book should be grounded in the "management—power control theory." It refers to the administrative legal liability pursued by the administrative relative in the administrative process, which is imposed by the relevant administrative organ acting as the administrative subject or by authorized organizations under the law due to the relative's failure to fulfill its obligations under administrative law, thereby disrupting the administrative order. The study of administrative responsibility holds significant importance for establishing the framework of China's three major legal liability systems—criminal, civil, and administrative responsibility—and for the scientific and standardized development of the administrative law discipline, as well as for the management of the state during the current period of institutional transition. The research methodology of this book primarily employs comparative analysis. This includes comparative studies of foreign theories based on the national conditions and legal culture of each country, as well as comparisons between foreign and domestic theories. It also involves comparative studies of domestic theories. Through the comparative analysis of foreign (primarily domestic) theories, beneficial components are borrowed and absorbed to define administrative responsibility and clarify its structure. From the perspective of legal history and comparative law between China and other countries, the book draws on beneficial theoretical components of criminal and civil responsibility to scientifically argue for administrative responsibility, ensuring the reasonable and lawful exercise of administrative power and achieving the purpose of national administration. Responsibility is the core of the rule of law, and accurately defining administrative responsibility is a crucial aspect of realizing the grand strategy of a rule-of-law state. This book will be beneficial not only for law students but also for every person concerned with the rule of law in the country.