Relationship between the Exercise of Administrative Power and the Liability under the Principle of Legality Control Conducted by Administrative Authority: The Consideration on Overlapping Redundancy between Disciplinary Liability and Criminal Liability

Abstract

The objectives of this article are aimed to expound the relationship between the exercise of administrative power and the liability under the principle of legality control conducted by administrative authority and to present the consideration on overlapping redundancy between disciplinary liability and criminal liability.  The study revealed that the exercise of administrative power of the administrative authority can be classified into four categories: Regulation, administrative order, administrative contract and other conducts. Importantly, if the administrative authority unlawfully exercises administrative power, its later results in the liability of the administrative authority.  When considered in the principle of legality control of both internal and external organizations of the administrative authority, it is found that the administrative authority may inevitably be in liability if the administrative power is illegally exercised.  Its liability consists of four types: civil liability, criminal liability, disciplinary liability and administrative liability. However, these multiple liabilities may create redundant problems and the argumentative discussion over the liability of the administrative authority. This issue will become a major challenge for lawyers in laying down the principles that lead to a conclusive resolution as well as to create the norm for the consideration process that will create justice for all relevant parties in the future.