Research On The Administrative Responsibility In Civil Legal Relationship

The administrative responsibility is the important safeguard mechanism of the administration and the civil right. It plays an important function in constructing The Governed by Law. But our country's administrative responsibility system has two serious flaws: On the one hand, as the administrative action implementation emphasis legally administration, and relies on the administrative rules and regulations and the regulations as well as the local legal documents, But these legal documents are mostly made by administration authorities, they will put the emphasis on protect the administrative authority considering both their own department benefits and the place benefits consideration, and overlook the administrative responsibility in the end. While it is unable to establish administrative responsibility successfully. On the other hand, the administrative responsibilities are not concrete, can't be used in practice efficaciously. The most important is that when the administrative authority involves in the civil actions and generates some harm, the responsibility of the administrative authority has always been ignored. It can't protect the civil rights justify.The social practices are the legal essential factors, it will cause the legal system transformation necessity, and how to maximum the citizen's rights and interests especially when the citizen's right are infringed. To provides a comprehensive protection from the civil law and the public law. This article mainly discuss when the administrative authority involve in the civil relations, it should bear the administrative responsibility also, attempting to take a safeguard to the civil rights.This article is divided into four parts:The first part: on the administrative responsibility system's flaw in theory and in practice. In that section, the author have analyzed the concept of the administrative responsibility, and then proposed that the essence of the administrative responsibility is the remedy relations between the administrative body and the administrative part. It considered that there is certain tenseness between the requests of the administrative responsibility and the existing administrative rules. It is also the reason why administrative responsibility system is deficiency. Considering that the administrative responsibility is relative with the administrative authority, aiming at establishing the administrative responsibility in the civil legal relations.The second part: establish the administrative responsibility in civil legal relationship in the macroscopic background. In this part the author pointed out that the public law and civil law has tends to merge gradually, In China the administrative authority should be restricted as much as possible, The personal interest has not been fully safeguard, and the administrative power has already had influence on the civil actions in certain situations, In order to establish the macroscopic background of the administrative responsibility in the civil legal relationship.The third part: The administrative responsibility in civil legal relationship rationale and realistic foundation. In this part the author make a further analysis on the administrative responsibility separately in theory and in realistic .Reckon that the idea of governed by law, the power consistent with responsibility and the responsible government theory make up the cornerstone of the whole administrative responsibility .but the present administrative responsibility institutional framework is not perfect, and the administrative organization is not independent, the system was imperfect and so on .It provided the reality basis for the establishment administration responsibility in civil relations .The fourth part: on patterns of administrative in civil legal relationship. In this part the author has intercepted three questions which initiates by the legal practice, consider that in the modern society, the administrative authority had a more wide spread economy and the social responsibility because the execution of public power, The government should safeguards the personal interests more positively and on monitoring and safeguarding in originally the as if pure civil law. Depend on this proposed in three kind of civil legal relationships administrative responsibility pattern, The author put forward three kinds of administration in civil legal relation, aiming at drawing the outline of the responsibility in civil field exactly.This article have broken original administrative responsibility models, and try to make innovations on legal administrative responsibility system .It suggested that interested party may charge with the administrator directly because of the damage; It means the administrative subject should assume specially responsibility in some particular situations.