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目前,学界对《公务员法》引咎辞职规定存在三种误读:一是对引咎辞职的理解过于片面,忽视了引咎辞职实际上是一种特殊的法律责任(过错)承担方式;二是误以为引咎辞职是官员道德自律的结果,忽视了其背后所隐含的法律惩处意义和被迫性;三是对引咎辞职入法认识不足,忽视了其对发展我国民主政治的促进作用。因此,有必要对引咎辞职的法律内涵、适用特点及运用方式作进一步的探讨。
At present, there are three kinds of misunderstandings about the regulation of resignation of “civil servant law”: First, the understanding of blame and resignation is too one-sided, ignoring the fact that resigning from blame and resigning is actually a special way of assuming legal responsibility (fault); Second, Resigning from office is the result of official moral self-discipline, ignoring the implied legal imposition of meaning and obsessions behind it; third, ignoring the role of due-resignation into law and neglecting its role in promoting the development of democracy in our country. Therefore, it is necessary to further investigate the legal connotation, applicable characteristics and application methods of resignation.