| Administrative misconduct is a kind of insidious and harmful administrative act.Although this behavior has the legitimacy on the surface,it actually causes a certain impairment to the rights and interests of citizens,and then leads to the public to lower the sense of trust in administrative organs.At present,the legislative practice of our country has not made clear provisions on administrative misconduct,the number of judicial activities of administrative misconduct is small,besides,administrative academia has not put a spotlight on administrative misconduct.In the process of deepening the construction of government by law,standardizing the behavior of administrative organs is the key link of perfecting the system of administration by law.Therefore,adhering to the problem orientation,carrying out a comprehensive analysis and discussion on important issues such as the connotation,manifestation,classification of types and construction of legal liability system of administrative misconduct is conducive to solving administrative disputes substantively,urging administrative organs to perform their duties correctly and appropriately,and effectively protecting the legitimate rights and interests of administrative counterparts.Centering on the connotation,forms and types of administrative misconduct,the investigation of legislation and legal practice,and the analysis of legal liability,this paper is divided into four parts to study administrative misconduct:The first part,the definition of administrative misconduct.First of all,improper administration is a kind of administrative act,that is,the administrative subject actively acts in form.Secondly,in terms of substantive conditions,the administrative organ has not fully performed,not fully performed the obligations prescribed by law or correctly performed the relevant duties,which is an improper act.Finally,this improper act of the administrative subject damages the legal rights and interests of the administrative counterpart,resulting in the administrative organ failed to achieve the desired goal.Then,this part analyzes the forms of improper administrative acts,summarizes the types of administrative misconducts,and sorts out the controversial focus of "improper" in the academic area,and draws lessons from the beneficial results.The second part from the perspective of maladministration as norms and practices,analyzed our country present stage maladministration by means of information retrieval as the legislation and legal practice,adhere to the "summary-analysis problem" research train of thought,find the problems and deficiency,analyze the trial practice of administrative improper as part of the court,From the experience worthy of reference in this paper,in the existing legal mechanism,actively expand the boundary of administrative act theory,enrich the way of administrative act trial,so as to achieve the combination of theory and practice.The third part is the determination of legal liability of administrative misconduct.The improper act of the administrative subject will not only cause administrative legal liability,but also cause other legal liabilities,so it is necessary to regulate the administrative subject with different legal liabilities.Then,this part introduces the administrative legal liability of countries outside the region.On the basis of sublating the experience outside the region and combining the specific practice of China,the responsibilities of administrative organs and their public servants are determined respectively,and the legal liability of administrative organs and public servants is clarified.The fourth part is the construction of the accountability mechanism of administrative misconduct.On the basis of the first three parts,this part supports some ideas of the responsibility investigation mechanism of administrative misconduct.First,we should strictly supervise and urge the implementation of administrative responsibilities.Secondly,as the subjective will of malfeasance is fault,if malfeasance reaches the level of malfeasance in criminal law,relevant public servants should be investigated for criminal responsibility,while taking administrative responsibility into account to regulate.Finally,it is an important link in the accountability mechanism of administrative misconduct to investigate the supervision responsibility of the wrongdoer,that is,the civil servants.The administrative punishment within the administrative organ system and the administrative punishment of the supervisory organ can be carried out in parallel to form a joint force of regulation. |
