行政主体的义务范畴研究

Research on the Obligation Category of the Administrative Subject

行政主体的义务范畴是一个非常重要的行政法学理论问题,在现代法治政府之下政府行政系统的责任越来越突出,“责任政府”概念也成了政治学、行政法以及行政法学解释相关问题的基本概念。在责任政府这一现代理论的指导下,行政主体对公民、社会、国家承担义务就自然而然地成了行政法治以及行政法理论的核心问题,与之相对应,行政主体义务的基本范畴就成了近年来各国行政法学关注的热点问题。行政主体应具有推行宪法和法律,接受立法和司法监督,改善社会环境和促进社会发展,使国内事务与国际事务接轨等宪法义务;具有为行政相对人提供利益和保护,为行政行为说明理由和承担赔偿责任等行政法义务。

The obligation category of the administrative subject is a very important theoretical question in administrative law, the responsibility for government＇s administrative system is more and more outstanding under the modern government governed by law, the concept of ＂responsibility government＂ has become a basic conception of political science, administrative law and interpreting relevant problems of administrative law science too. Under the guidance of the modern theory of responsibility government, the administrative subject undertaking obligations to the citizen, society and country become the key question of administration＇ s ruling by law and administrative law theory naturally, corresponding to it, the basic category of the administrative subject obligation becomes the concerned hot question of administrative law sciences of various countries in recent years, the administrative subject should undertake such constitutional obligations such as carrying out the constitution and law, accepting the legislative and judicial supervision, improving social environment and promoting an advance in society, making domestic and international affairs integrated; and it should undertake such administrative obligations as offering interests and protection to the administrative relative subjects, treating equally, giving reasons for its administrative behaviors and undertaking compensation responsibility, etc.