Research For The Identification Standards Of Official Conduct Of The Government Functionary

In the area of executive compensation, the identification of civil servant’s official conductdirectly affects the composition of executive administrative liability, and it is a prerequisitefor liability of the executive authorities. However, due to the dual role of the civil servant: asboth representatives of the executive authorities and ordinary citizens, so how to accuratelydefine their official conduct does not have a clear and normative standard in legal norms andthe judiciary also has not made clear interpretations on the issue. Numerous academicdiscussions on the identification of official conduct lead to different criteria, includingsubjective criterion, objective criterion, the four elements and the integrated standard. Injudicial practice, the judges for this treatment also vary from to person. Whereas thesedifferent theories and points of view more or less have the loopholes of enlarging or reducingthe national responsibility, and they also can’t provide a sharp boundary in essence to divideofficial conduct and personal conduct. At the first part of this paper, it provides an overviewon official conduct and discusses the connotation and denotation of the concept; In the secondpart, describes several existing representative academic views of applicable standards. Andthen, it analyzes the advantages and disadvantages of each standard and highlights itsdeficiencies and problems. On this basis, in the third part it proposes the standard ofadministrative authority and analyzes the “administrative authority” which as an essentialboundary to divide official behavior and personal behavior, and discusses the legal basis andjurisprudence basis which establish the standard.And then in the fouth part, It gives a moreclear dividing method by determining whether they have or use the authority. With thepractice combined in this process, it analyzes the difficulties and main problems in detail suchas ultra vires, abuse of power, and some behaviors associated with authority, which exist inthese two judgments.