行政立法责任略论

行政立法责任,是法律责任体系中的“飞地”。这与现代社会有行政有法律、有法律有救济的原则格格不入,亦是造成行政立法恣意妄为的主要原因。虽然追究行政立法责任有一定的困难,但这并不能成为行政立法无责任或免责的理由。现实要求确立行政立法责任追究机制以及建立行政立法赔偿制度。

On the Responsibility of Administrative Legislation

The liability for administrative legislation is the "blank spot" in the system of legal liability, which, in modem society, is incompatible with the principle that where there is administration, there is law and where there is law, there is remedy. It is also the main reason for the unscrupulousness in administrative legislation. Although there is some difficulty in investigating and fixing the liability for administrative legislation, it doesn't mean that administrative legislation bears no liability, nor does it become the reason for its liability exemption. Reality requires us to establish the effective mechanism of investigation into the liability for administrative legislation and the compensation system of administrative legislation.