再说一遍行政责任

A. V. Kurakin
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引用次数: 0

摘要

行政责任制度是行政法的核心制度之一。然而,行政责任制度的形成经历了相当长的时间,其法律支撑几乎贯穿了整个20世纪。今天,我国已经形成了一个两级行政责任立法体系。没有行政责任的现代发展时期简直是不可想象的,行政责任的保护性质涉及公共行政的最多样化领域。在此基础上,本文提请注意与行政责任问题有关的立法和理论规定。本文分析了关于“行政责任”现象的各种学说立场,分析了其规范依据。作者指出,行政责任制度在20世纪开始积极发展,这是由于需要将不构成重大公共危险的违法行为的法律责任与具有重大公共危险的行为分开。今天,我们可以说行政责任对确保法律和秩序作出了重大贡献,不再可能想象没有这种责任的法律责任制度。行政责任制度在内容上是一种物质规范与程序规范相辅相成的辩证关系。在此基础上,对行政责任进行了界定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Once again about Administrative Responsibility
The institution of administrative responsibility is one of the key ones in administrative law. However, in order for it to become so, it took quite a long time, the legal support of the institution of administrative responsibility was formed almost throughout the twentieth century. Today, a two-level system of legislation on administrative responsibility has been formed. The modern period of development is simply impossible to imagine without administrative responsibility, the protective properties of which relate to the most diverse spheres of public administration. Based on this, the paper draws attention to legislative and doctrinal provisions related to issues of administrative responsibility. The paper analyzes various doctrinal positions regarding the phenomenon of "administrative responsibility", analyzes its normative basis.   The author notes that the institution of administrative responsibility began to develop actively in the twentieth century, this was caused by the need to separate legal responsibility for offenses that do not pose a great public danger from acts that are of significant public danger. Today we can say that administrative responsibility makes a serious contribution to ensuring law and order, and it is no longer possible to imagine a system of legal responsibility without this type of responsibility. The institution of administrative responsibility, in its content, is a dialectical relationship of norms of a material and procedural nature that complement each other. Based on the analysis, the author gives a definition of administrative responsibility.
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