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现代豁免制度通过一套逐渐发展起来的,在适用行为范围、时间效力、处置程序等方面的灵巧限定技术,避免了与法治所强调的责任制度相冲突,并实现了与责任制度的巧妙配合,有助于实现新宪政论者所强调的既制约权力又保障权力能动精神的目标。现代豁免制度所具备的公共利益性、非人身性以及在权利上的消极性等属性特征表明,为特定公职人员所设置的豁免权既非特权也不会造成歧视,并没有违背法治所要求的平等原则。因此,现代豁免制度不仅完全能够与法治原则相兼容,而且还是现代法治和宪政体制所必需的。我国的公职人员豁免制度尚有不少缺陷,需要作相应的发展和完善。
The modern exemption system avoids conflict with the responsibility system emphasized by the rule of law and achieves the clever cooperation with the responsibility system through a set of dexterous limited technologies that are gradually developed and applied in the scope of action, the time effect and the disposal procedure, It will help to achieve the goal emphasized by the new constitutionalists that both the power of restraint and the power of initiative should be protected. The attributes of the public interest, invalidity and negativity in the modern system of immunity show that the immunity provided for a particular public official is neither privileged nor discriminatory nor does it contravene the rule of law The principle of equality. Therefore, the modern immunity system can not only be completely compatible with the rule of law, but also be necessary for modern rule of law and constitutional system. The system of exemption for public officials in our country still has many shortcomings and needs to be developed and improved accordingly.