论我国行政责任的归责原则体系之建构

行政责任的归责原则是追究行政主体行政责任的根本规则。它是行政责任理论的核心问题,在整个行政法学中占据重要地位。引起行政责任的原因具有多样性,行政责任的归责原则应当多元。我国行政法应确立以过错推定原则为主,以危险责任原则、公平责任原则为补充的行政责任的归责原则体系。每一项归责原则都有其独特的适用范围。

On the Construction of the System of Criterion of Administrative Liability in China

Criterion of administrative liability is the fundamental rule that investigates administrative liability of administrative subject. It is the core problem of the theory of administrative liability, which plays an important role in the whole subject of administrative law. The reasons that cause administrative liability are diverse, so the criterion of administrative liability should be multiple. We should set up such a system of criterion of administrative liability in which fault ?understood principle is the main one, the rest are danger liability principle and equitableness liability principle. Every criterion has its special suitable limit.