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概念是具有阶层性的,行政归责的成立要件应是处于同一阶层的概念。据此,在事实要件方面可以排除处于不同阶层的行政主体、行政行为和因果关系,仅保留损害要件。违法性要件是必需的,应从法律责任可分为个人责任和集体责任两种类型来理解。违法应当是客观违法,因此理论上过错要件有其存在的必要性。综上,行政归责的成立要件有且仅有三个:损害要件;违法性要件;过错要件。
The concept is hierarchical. The establishment of administrative liability is the concept of being at the same level. Accordingly, it is possible to exclude the administrative subjects, administrative acts and causal relationships at different levels in terms of factual elements and to retain only the elements of damage. The requirement of illegality is necessary and should be understood from the two types of legal responsibility, which can be divided into individual responsibility and collective responsibility. Illegal law should be objective and illegal, so theoretically the elements of fault have their own existence. To sum up, there are only three elements for the establishment of administrative liability: damage elements, illegality elements and fault elements.