行政过错责任追究制中几个问题之厘定

行政过错责任追究制作为规范行政执法活动、防止执法违法的制度安排,是落实依法治国基本方略的有效措施,但行政过错责任追究作为一种内部责任追究,其过错不可使用客观过错标准,应确立主观过错标准;在责任范围问题上,不可太过于宽泛;追责主体应树立正确的追责理念.

Some Thinking on the Investigating System of Administrative Responsibility

As a system to manage administrative activity and prevent improper administrative performance, the investigating system of administrative responsibility is a kind of efficient measures to carry out the basic policy of governing by law. Nevertheless, the responsibility investigated here is quite special that the associated improper performance should be judged with standard for subjective mistakes instead of objective mistakes. While determining the number of investigated people, it is better not to make it too large. More important, the investigating group of people should have correct attitude towards this issue.