On Administrative Responsibility

This thesis, centering on the administrative obligation as its main topic, is divided into four parts with forth-five thousand words or so.Part one: the brief account of administrative obligation. The thesis in turn analyzes and revises obligation, legal obligation, and administrative obligation, obligation chiefly refers duty, responsibility and the disadvantageous effect resulting form not carrying out the duty. Administrative obligation is defined in many ways. Comparatively speaking. I am in favor of Mr. Zhou Yong kun's idea: Administrative obligation is the punishment, compulsory measures or necessary compensation imposed by a state on the conductors), or the relevant perms(s), or the one(s) related with damage acts or damage items; owing to violating the duty or the responsibility stipulated in a law or a contract, misusing one's authority and heights or miscomputing one's responsibility. As for the definition of administrative obligation, there lie vide divergence of views. After looking carefully up the authoritative works of administrative law, the following ideas are listed: I Administrative obligation is the obligation of the administrative. II. Administrative obligation is the obligation between administrative subject and the administrative opposite person. III. Administrative obligation is the obligation of the administrative opposite person. Through analyzing and revising the above three ideas, especially thesis respective stand in the theory of administrative law, the author think administrative obligation shouldbase on one's national conditions and take "Management-control" as its theoreticalfoundation it should also be the administrative and legal responsibility authorized by administrative organs or the organizations empowered by the law, and taken by the opposite person from failing to perform his duty set hi the administrative law or violating the administrative management rules during the process of administrative management.Part two: the constitutional basis of administrative obligation. Administrative law different form the law of other department, closely related with constitution, has its own necessary constitutional basis: democracy, division of tights and rule by law. Basing on democracy, all state rights come from the people. Administrative law should exist for theinterests of the people as well. Therefore, there turn out administrative rights which provide the possibility of managing country and making people obey laws and regulation. Rule by law is the guarantee of democracy and division of rights. Under the circumstance of rule by law, the state and the people are committed to laws together, with division of rights, people can protect their own rights by check of power and investigate and affix state obligation of the administrative subject.Part three: state obligation. During the process of administrating, the administrative subject and the opposite person are mutually stimulated. They differ hi the state of violence of law, the due and the realization of obligation, they are united in the administrative and legal obligation the reason why we all call the obligation of the administrative subject the type of system namely, criminal responsibility, civil liability and administrative obligation. It has a profound significance on the deep study of the administrative obligation State obligation can not be separated from the theory of the administrative subject and the relation between the state and the undertaking of obligation. In our country, the administrative subject is the subject hi form: I the administrative organs concluding the organizations authorized by taws and regulations do not have theirs interests. II The administrative organs are not embodies independent position. Ill The administrative organs do not independently take responsibility. The real carrier of responsibility is the state.Part IV: The realization of administrative obligation. Administrative obligation is composed of administrative duty, the due of obligation and the administrative l...