国家赔偿法中的公务员法律责任之实现

国家赔偿法中的公务员法律责任包括追偿责任、行政责任、刑事责任以及违宪责任。当前,重人情而轻法治的社会文化、体制化而非法治化的制度设计、模糊化而非精细化的文本规范等因素共同造就了国家赔偿法中公务员法律责任难以实现之困境。通过重构追责主体,进一步明确细化监察委员会追责权;完善追责程序,确保追责有据可循;建立相关责任机制,提升问责法治化;增强责任意识,培育问责文化等路径,能够在一定程度上破解这一难题。

On the Realization of Civil Servant's Legal Responsibility in State Compensation Law

The civil servants'legal responsibilities stipulated in the State Compensation Law include the responsibility of recovery,administrative responsibility,criminal responsibility and unconstitutional responsibility.The realistic dilemma that civil servants'legal responsibilities stipulated in the State Compensation Law are difficult to realize is caused by factors such as social culture that emphasizes human feelings but ignores the rule of law,system design that is institutionalized but not ruled by law,and vague but not refined text specifications.By restructuring the main body of responsibility,the power of the supervisory committee to pursue responsibility will be further clarified and refined.Improve the accountability procedures to ensure accountability is based on evidence;Establishing relevant responsibility mechanisms to enhance accountability and legalization;Strengthening the sense of responsibility and cultivating a culture of accountability can solve this problem to a certain extent.