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在责任追究的逻辑处理上,“明显违法”这一概念帮助《公务员法》的立法者从服从上级与法治原则之间的两难境地中解脱出来。但是,“明显违法”的概念却招致了是否法言法语的众多质疑,也使如何界定“明显违法”成为《公务员法》实施后不容回避的一个难题。“明显违法”界定的主体应该是责任追究机关,界定的程序必须是法定程序,界定的标准可以进一步细化,而且需要将宪法列入不能明显违背的“法”的范围。
In the logical treatment of accountability, the concept of “apparently unlawful” helps legislators of the “civil servant law” to be freed from the dilemma of obeying the principle of higher authority and the rule of law. However, the concept of “clear violation of law” has led to many doubts about whether to speak French or not and how to define “obvious violation of law” as an unavoidable problem after the implementation of the Civil Servant Law. The subject clearly defined as “unlawful” should be the organ of accountability, the defined procedure must be a legal one, the defined criterion can be further refined, and the constitution needs to be included in the “law” that can not be obviously violated.