在此基础上,进一步探讨了违法行政不作为的构成要件,并将其归纳为“应为”、“能为”和“不为”三个逻辑层次。
Based on above mentioned, the article probed into the essentials of illegal nonfeasance accordingly, and summarized them at three logistic levels of "should act", "could act" and "omission".
符合构成要件的行为,在通常情况下具有违法性。
The act according with constitutive requirements has illegality under common circumstance.
在实质违法性领域内争论的功能是为符合构成要件行为的正当化提供解释依据。
The function of debate in the field of substantive wrongfulness is providing the base of explaining justification of action that keeps with constitutive elements of crime.
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