Administrative Asking Responsibility System: Study And Mechanism Design

In recent years, the frequent happening of reassignment of high rank officials leads to the upsurge of asking responsibility, which prompts us to have a seriously deep thinking. For the research of this fact, a new system should be established on the basis of extensive understanding of its theory and good regulating of its practice. Only in this way can the new system overcome the difficulties faced at the beginning of establishment and convert from a "new" to a "good" system.This article begins from exploring the intention and the elements of the system, trying to make the concept clear, find the historical evolvement, analyze the subject, object, scope, procedure, and result and the main problems of the system etc., and how to perfect the system in our country. The intention of asking responsibility is: it embodies the related legal relationship from the aspect of subject and object. From the aspect of function and usage it is the intermediate of responsibility system and responsibility investigation system. From the aspect of the content and method it consists of legal responsibility, political responsibility and ethical responsibility. Asking responsibility system has solid base of constitution and legal theory. It is the necessity of representative democracy system, the embodying of human-centered thinking, the requirement of a responsible government, and the necessary measure of legal review.In the aspect of theory study this article makes the comparison of native asking responsibility system and the foreign ones to look for the law of the development of asking responsibility system. This article concludes the three points that need to be referred by our asking responsibility system: completed regulations, perfect units and good pattern. From here the article carefully analyzes the asking responsibility system in our country by listing the problems, describing the current situation of asking responsibility system in our country, suggesting the establishment of regulations to solve the problem of unclearness of the duty and responsibility in the asking responsibility system, dividing strictly the duty and responsibility, making clear whose responsibility to beinvestigated, determining what kind of responsibility to investigate, legalizing the dividing of the duty and responsibility. Also this article raises the problem that it is difficult to function in the case of the lack of the subject of the asking responsibility system. It also suggests perfecting the mechanism of investigating the political responsibility of the governmental officials by congress and its committee, legislating supervision law, regulating the determination and supervision to solve the problem of unclearness of the scope of asking responsibility and better the practice of asking responsibility, and perfecting the procedure of asking responsibility system and legislation development to establish a asking responsibility system which is in accordance with the concept of legislation and furthers the step of executing legally.Currently the field of legislation and legal practice focus on the situation and the explanation of asking responsibility system. But for the concept of asking responsibility system, there exists obvious diverge. So the deep study to asking responsibility system is still necessary. This article begins from the understanding of the intention of asking responsibility system, trying to found a foundation of clear and scientific environment for the study of asking responsibility system and fulfill the blank of the related theory in our country. Through the study of the basic theories of the typical foreign countries on asking responsibility system and the analysis of the shortage of our current system, this article suggests the framework of asking responsibility system in our country and the detailed measures. It is valuable to regulate new asking responsibility system, establish responsible government, and realize political civilization.