代表行政机构决策的成员的个人责任

Hoon Jeong
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引用次数: 0

摘要

在需要独立履行部分职责的情况下,行政机构可根据法规规定设立代表行政机构,如行政委员会等。这种代表行政机构或行政委员会以委员会的名义做出决定。因此,委员会成员不对代表行政机构的决策承担个人责任。然而,在很多情况下,委员会成员有可能因代表行政机构的决策而受到纪律处分、承担刑事责任或民事责任。即使代议制行政机构的决策被认定为非法,也应严格规定委员的个人责任。例如,委员会的某些成员故意或因重大过失而篡改、遗漏、高估或低估决策所需的重要数据,以谋取自身利益或损害他人利益,或者做出非法决策。总之,委员会成员的个人责任是不能接受的,因为这违反了委员会的独立性、中立性、公正性和自主性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Personal Liability of Member for Decision making of Representative Administrative Agencies
Where needs arise to perform part of duties independently, an administratve agency may establish a representative administrative agency, such as administrative committee, etc., as prescribed by statutes. Such a a representative administrative agency or administrative committee makes decisions in the name of committee. Therefore a member of committee doesn’t accept personal liability for decision making of representative administrative agencies. Nevertheless, there are a lot of cases where a member of committee is at risk of disciplinary punishment, criminal liability, civil liability for decision making of representative administrative agencies. A strict requirement for personal liability of a member should be established, even though decision making of representative administrative agencies is decided that it is illegal. It is such an example that certain member of committee manipulates, omits, overestimates, underestimates essential data for decision making by intention or gross negligence for one’s advantage or disadvantage or illegal decision making. Conclusionally, the personal liability of a member of committee can’t be accepted because that violates, independence, neutrality, fariness, autonomy of committee.
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