略论行政违法的概念及其构成要件

On the concept of the administrative violation and the constitution

行政违法是指行政主体及行政公务人员违反行政法律规范但尚未构成犯罪而应当承担行政责任的行政行为。其构成要件包括:主体为行政主体及行政公务人员,所侵害的是受行政法律规范所保护的行政关系,实施了违反行政法律规范的行为,实施行政违法行为时主观上有过错。探讨行政违法行为,对于追究行政主体及其公务人员的法律责任,推进依法行政、建设法治政府等具有重要意义。

The administrative violation refers to the action that the body of the administration and the administration officials violate the administrative law but not make crime, and they should shoulder the administrative responsibilities. The constitutions include： the body is the administrative body and the administrative officials, the objects which be invaded is the administrative relationship which be protected by administrative law and regulation. It violated the administrative law and made some subjective mistakes. It is meaningful to discuss on administrative violation and make an investigation of the administrative officials, so as to put forward the construction of the government administrated by law.