行政违法与行政违法者

P. E. Spiridonov
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引用次数: 0

摘要

本文的研究对象是行政违法法律关系以及与行政违法法律关系相关的术语。这项研究的目的是分析违法行为和行政违法行为的性质。本文认为,“delicta private”一词的使用经历了从“delicta private”意义上的私人法律术语到“delicta private”意义上和“delicta publica”价值上都可以使用的术语的一定演变。结论是,“违法”一词可用于公共关系和行政法律中使用“行政违法”一词。行政侵权关系侦查范围的扩大,必然导致行政犯罪本质特征的变化,也为预防犯罪的行政侵权制度的形成创造了前提条件,预防犯罪不仅包括行政犯罪,还包括其他与犯罪和民事犯罪无关的犯罪。在这种情况下,责任应该被命名为行政责任和违法责任,这在本质上将包括现代行政责任和行政纪律责任。根据行政犯罪的性质,可以细分为行政犯罪和行政轻罪。应当坚持行政犯罪的基本特征,必须将现已构成行政和纪律不端行为的行为归为行政轻罪。有了这种行政违法的划分,就有可能实现行政和违法立法的法典化,即制定俄罗斯联邦的行政违法法典。这项工作还假定程序上的违犯被视为行政违犯。试图区分行政法上的物质性法律关系与行政法上的程序性法律关系。认为不能将行政侵权法律关系与侵权法律关系、程序法律关系混为一谈。反过来,侵权行为和程序性法律关系是行政诉讼程序的组成部分,行政违法行为的产生是行政程序的组成部分。本文的方法论基础是辩证法、形式逻辑方法、形式法律方法和法律解释方法。
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Administrative Delicts and Administrative Delict Law
The subject of study in this paper are administrative-delict legal relations and the terms associated with this kind of relations. The purpose of the study is to analyze the nature of offences and administrative delicts. It is stated that the use of the term “delictum” it's been a certain evolution from private legal term in the sense of “delicta private” to the term, which can be used both in the sense of “delicta private” and value of “delicta publica”. The conclusion is that the term “delict” may be used in public relations and administrative legal use of the term “administrative delict”. Expanding the range of investigated administrative and delict relations, entails a change and the essential characteristics of administrative offenses, and also creates preconditions for formation of administrative-tort system of prevention of offenses, including not only administrative offences but also other offences that are not related to crimes and civil offenses. In this case, the responsibility should be named administrative and delict, which, in essence, will include a modern administrative and administrative-disciplinary liability. Depending on the nature of the administrative delict may be subdivided into administrative offense and administrative misdemeanor. The essential characteristics of an administrative offense should be upheld, and administrative misdemeanor must be attributed those acts which are now administrative and disciplinary misconduct. With this division of administrative delicts it is possible to realize a codification of administrative and delict legislation, i.e. the creation of Administrative-delict code of the Russian Federation. The work also made the assumption that procedural violations are treated as administrative delict. An attempt is made to distinguish between material legal relations in administrative law and administrative procedural legal relations. Concluded that you cannot mix administrative-tort legal relations, as a kind of material with tort and procedural legal relations. In turn, tort and procedural legal relations are an integral part of administrative and legal proceedings, and administrative delict production is an integral part of the administrative process. The methodological basis of the article is dialectical, formal logical methods, formal-legal method and method of interpretation of law.
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发文量
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审稿时长
21 weeks
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