论行政滥用职权

行政滥用职权问题一直困扰着行政法治实践,理论界对此也没有一个系统的认识,这严重制约了对行政滥用职权的行政复议、司法审查以及责任追究。本文认为行政滥用职权的法律责任包括行为主体的直接责任、实施者的连带责任、受益者的权益返还责任、机构体系的恢复原状责任等。

On the Administravive Power's Abuse

Abusing and exceeding administrative authorities are two unreasonable acts of exercising authorities established by systems of administrative litigation and administrative review in China. However, practice of rule of administrative law has been always puzzled by theoretical and practical problems of abusing administrative authorities. The theoretical circle hasn't a systematic knowledge on it, which seriously restricts administrative review, judicial review and investigation of responsibilities on it. Its main manifestations are that authorities can't correspond to subjects of bearing, legal obligations, legal rights and due procedures. Its legal responsibilities include direct ones of act subjects, joint and several ones of executants, ones of returning rights and benefits by beneficiaries and ones of recovering the original states by the system of offices.