Canonical Construction Of State Responsibilit

In the context of risk society,the types of risk gradually increase,administrative punishment as an important means of risk regulation,the responsibility of the act as the basic rules of administrative punishment responsibility,the scope of the main body of responsibility is limited to the situation of the illegal actor can no longer meet the needs of practice,there are still illegal building punishment relative,environmental pollution repair subject identification difficult and other issues.The perspective of responsibility should be shifted from human behavior to the state of things,acknowledging the theoretical justification of state responsibility,and taking the owner,manager,user and other state responsible persons other than the perpetrator as the object of punishment.The current legislation only provides for state liability in the field of soil pollution remediation,and legally affirms that state liability is a reasonable duty bearer,but the provisions of administrative penalties in other fields are missing,and the practical application of state liability is not clear enough,so it is necessary to understand the theoretical basis of state liability,analyze the normative structure,and study the specific application model in order to cope with the increasingly complex risk reality.The normative construction of state responsibility is mainly discussed from the following four aspects:In the first part,the traceability and foundation of state liability are introduced.Firstly,state liability originated from the provisions of the German Police Order Act and was later refined in the Federal Soil Protection Act.Taiwan region has borrowed from the relevant German legislation and not only provides for environmental protection,but also extends the applicable field to urban planning categories such as construction law.Finally,due to the increasing challenges brought by the risk society,administrative penalties should not be limited to behavioral liability,but should pay more attention to the state liability centered on physical risk,and create a dual liability model in which behavioral liability and state liability coexist.In the second part,the choice and succession of state liability are introduced.After the introduction of the concept of state liability,we analyze the connection and difference with the existing behavioral liability,and introduce the selection of the responsible person and the order of responsibility under different circumstances,as well as the subsequent treatment of succession in the event of changes,based on various considerations.It clarifies the situation with regard to state responsibility and lays the foundations for a proper orientation in the area of administrative punishment.In the third part,we analyze the current status of legislation on state liability and the dilemma of its application.The provisions on state liability in China’s legislation are only reflected in the Soil Pollution Prevention and Control Law,and there is still missing norms in other administrative punishment fields.Taking the identification of illegal construction relatives as an example,through summarizing and analyzing judicial decisions,it is concluded that state liability is recognized in practice but suffers from the lack of clear legal basis and cannot be clarified in the gist of the decision,so it is necessary to provide for state liability,and the current Soil Pollution Therefore,it is necessary to provide for state liability,and the legislative model of state liability in Article 45 of the current Soil Pollution Prevention and Control Law can provide a reference for the successive state liability provisions.In the fourth part,we analyze the specific construction and application of state responsibility.Firstly,by analyzing the concept of liability,the subject of punishment and the objective of legislation in the state liability and administrative punishment law,it is concluded that the state liability cannot be directly placed in the administrative punishment law,and it should be converted to conduct liability for punishment;secondly,the two steps of converting the state liability to conduct liability are introduced,based on the concept of state liability,the management body can adopt which based on the concept of state responsibility,the management body can convert the state responsibility into act responsibility by means of administrative order,and if the corresponding obligation is not fulfilled,it will be converted into act responsibility and handled in accordance with the procedure of corresponding administrative punishment;finally,through the above conversion mode,and at the same time,the specific conditions of use are strictly limited to ensure that they are properly placed in the corresponding provisions,so as to effectively deal with the situation of separation between the act and the state produced by the act,and solve the problem of administrative relativity in the field of illegal construction.The problem of difficult identification of people,to facilitate the effective realization of the state responsibility.