行政法上的义务责任体系及其阐释

我国行政法的义务责任在体系上存在诸多缺失。必须确立统一协调的义务责任体系。行政法上的义务体系主要由法定义务、意定义务和承诺义务构成。与义务相对应,行政法上的责任体系包括法定责任、契约责任和违诺责任。这些责任与义务层层相因,形成一个协调一致的约束体系和权利保障体系。

System of Obligatory Responsibility in Administrative Law and its Interpretation

The obligatory responsibility of the administrative law of China has a lot of defects in system. A uniform and consistent obligatory responsibility system must be established. The obligatory responsibility of the administrative law is mainly composed of statutory obligation, voluntary obligation, and promissory obligation. In response to the obligation, the obligation system of administrative law includes statutory responsibility, contractual responsibility and promise-breaching responsibility. The responsibilities and obligations are closely related and form a coherent and consistent binding system and guarantee system of rights