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《Journal of Fujian Administration Institute》 2018-03
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Construction of Liability Pedigree of Administrative Omission:Realistic Review Based on Simplification of State Compensation Liability

ZENG Zhe;ZHOU Ze-zhong;Administrative Law School,Southwest University of Political Science and law;  
Because of both subjective fault and objective law,administrative omission can not obtain affirmative evaluation on the actual law,which will result in different types of liability consequences,such as administrative offense,civil joint tort,criminal punishment and political accountability.Accordingly,based on the realistic inspection of the simplification of state compensation liability,the liability pedigree of administrative omission is constructed from the whole sense.According to the degree of illegality,consequences and constitutive requirements of administrative omission,we should clarify administrative responsibility and criminal responsibility,and grasp the turning point of responsibility transformation.Considering that administrative omission is often associated with tort,we should co-ordinate administrative responsibility and civil liability from the conditions,causes and duty of care so as to realize the"resultant force"of responsibility.In view of the overlapping of internal punishment and the type,form and efficiency of democratic accountability,the administrative responsibility and political responsibility should be integrated,and the"isomorphism"of the connection of responsibility should be paid attention to.
【Fund】: 国家社科基金重点项目(14AZD141)
【CateGory Index】: D922.1
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