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我国公法责任的主要领域行政责任,在立法设置上过于依赖经济手段,忽视了处罚的人身性;公法责任的另一主要领域刑事责任,在司法实践中过于偏重剥夺人身自由的绝对监禁刑;公法责任的问题集中体现为违宪审查和违宪责任追究的空白。在刑事责任领域,应促进以强制犯罪人进行社区服务、社区劳作为核心的社区矫正措施的实施和完善;在行政责任领域,立法亟需增设强制责任人进行社区服务等类似强制措施的责任形式;在违宪责任领域,首要的是落实我国的违宪审查制度。
The main areas of responsibility of public law in our country are administrative responsibilities, which are too dependent on economic means in the legislative setting, neglecting the personal nature of punishments. Criminal liability, another major area of public law responsibility, places too much emphasis on absolute imprisonment of deprivation of personal liberty in judicial practice. The problems of responsibility are embodied in the blank of unconstitutional examination and the investigation of unconstitutional responsibility. In the field of criminal responsibility, we should promote the implementation and improvement of community corrective measures centered on the enforcement of community service and community work by criminals; in the field of administrative responsibility, it is in urgent need of legislation to create such responsibility forms as compulsory measures such as community service for enforcing responsible persons In the field of unconstitutional responsibility, the most important thing is to implement our country’s constitutional review system.