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On The Standard Of Recognition Of Official Conduct

Posted on:2020-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:T L WuFull Text:PDF
GTID:2416330605973265Subject:Law
Abstract/Summary:PDF Full Text Request
The identification of official conduct is an act of civil servants in the name of an administrative organ,acting on behalf of an administrative organ to exercise administrative powers and perform public management duties.The identification of official behavior is related to the determination of administrative liability,and it also directly affects the choice of administrative counterparts.Different from ordinary natural persons,the complexity of the dual identity of civil servants causes their behavior to be dualistic,which ultimately leads to different liability:when civil servants cause damage to the rights and interests of relatives in their personal capacity,civil servants bear civil liability;When a civil servant acts as a national civil servant and causes damage to the rights and interests of the opposing party in the course of exercising his powers,the administrative entity shall be responsible for administrative compensation.Therefore,it is necessary to define the dual behavior of civil servants.Unfortunately,Chinese "State Compensation Law" and other corresponding legal norms and judicial interpretations do not explicitly define the standards.Today,Academia at all times and in all circles have put forward many viewpoints on the definition of civil servants' official behaviors and personal behaviors.However,regardless of subjective theory,objective theory,four elements,relative standards,and elements,there are their own problems and shortcomings.It is difficult to clearly define the civil service's official behavior and individual behavior in essence,thus guiding specific judicial practice.The administrative authority identification standard is directly based on the essential characteristics of the administrative power of public service,which not only overcomes the shortcomings of the individual identification standards,but also proposes clearer and more standardized standards for the judicial determination of official behavior.At the same time,it also makes a detailed analysis of the difficulties and key situations in the identification of administrative ultra vires,acts without authority and acts made by provisional government agencies in practice.
Keywords/Search Tags:Civil servant, personal conduct, official conduct, administrative authority
PDF Full Text Request
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