法治视野下之行政决策责任研究

发布时间：2018-06-09 12:42

本文选题：行政决策责任 + 归责　；参考：《湖南师范大学》2010年硕士论文

【摘要】： 随着“依法行政”与“责任政府”理念的深入人心,实现行政决策的科学化、民主化与法治化已成为现代民主宪政的要求。然而,基于行政决策的特殊性,行政决策责任一直被理论界所忽视,更缺乏对其系统的研究。行政决策责任理论研究的缺失,致使行政决策责任追究制度缺乏理论指导,进而导致行政决策行为失范现象频发。为了强化以责任规范行政决策行为的作用,进而实现行政决策之法治化,行政决策责任之法治化研究开始为世人所关注。文章首先从行政决策责任之一般理论入手,通过分析国内外学者关于行政决策与行政决策责任的诸多观点,厘定了行政决策与行政决策责任的概念,确定了行政决策的行政行为性质,探讨了追究行政决策责任的法理依据与行政决策责任的法理构成,为追究行政决策责任寻求理论支撑。而后以行政决策责任之一般理论为基石,论述了行政决策责任之基本归责原则,主张建立以正当程序责任原则为主,以违法责任原则与过错责任原则为辅的行政决策责任之多元基本归责原则体系,为认定与归结行政决策责任提供原则性指导。论文始终以行政决策责任之法治化为主题,梳理了行政决策责任之现行法律规范,并进行评析,找出了行政决策责任在行政决策法治化进程中的不足。最后针对行政决策责任存在的缺陷,从行政决策责任承担之主体、行政决策行为失误与否的评定标准、行政决策责任之承担方式以及问责机制等方面提出了完善我国行政决策责任制度之具体设想。
[Abstract]:With the concept of "administration according to law" and "responsible government" deeply rooted in the hearts of the people and the realization of scientific administrative decision-making, democratization and rule of law have become the requirements of modern democratic constitutionalism. However, due to the particularity of administrative decision, the responsibility of administrative decision has been neglected by the theoretical circle. The lack of theoretical research on administrative decision-making responsibility leads to the lack of theoretical guidance on the accountability system of administrative decision making, which leads to the frequent occurrence of administrative decision-making behavior irregularity. In order to strengthen the function of standardizing administrative decision-making behavior with responsibility and realizing the rule of law in administrative decision making, the research on the rule of law of administrative decision responsibility begins with the general theory of administrative decision responsibility. Based on the analysis of many viewpoints of scholars at home and abroad on administrative decision making and administrative decision responsibility, the concept of administrative decision making and administrative decision responsibility is defined, and the nature of administrative action of administrative decision is determined. This paper probes into the legal basis of investigating administrative decision responsibility and the legal principle constitution of administrative decision responsibility, and seeks theoretical support for investigating administrative decision responsibility. Then, based on the general theory of administrative decision-making responsibility, this paper discusses the basic principle of imputation of administrative decision-making responsibility, and advocates the establishment of the principle of due process responsibility. The multi-element basic imputation principle system of administrative decision responsibility, supplemented by the principle of illegal liability and fault liability, provides principled guidance for the determination and resolution of administrative decision-making responsibility. The thesis always takes the rule of law of the administrative decision responsibility as the theme, combs the current legal norm of the administrative decision responsibility, carries on the appraisal, and finds out the insufficiency of the administrative decision responsibility in the process of the administrative decision-making rule by law. Finally, aiming at the defects of administrative decision-making responsibility, from the main body of administrative decision-making responsibility, the evaluation standard of administrative decision-making behavior error or not, The assumption of administrative decision-making responsibility and accountability mechanism are put forward to perfect the system of administrative decision responsibility in China.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.1

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