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A Study On The Responsibility System Of Administrative Decision - Making Under The Background Of Rule Of Law

Posted on:2017-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2206330491450753Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative Decision-making as the starting point of administrative behavior,is different from the general administrative act which has the direct influence of the specific rights and obligations of the parties.But the administrative decision-making is the basis of some executive action.Therefore, the administrative decision-making misplay would bring more loss of the state society and individuals than the general administrative act.General administrative act has the law to be bound, however the administrative decision-making has not yet been attributed to the research area in the administrative law because of its particularity.The lack of the study of administrative decision-making responsibility, which led to the absence of appropriate accountability, resulting in frequent mistakes in administrative decision-making.As we all known,the responsibility naturally has the power to regulate, through the accountability system of punishment and deterrence, so that the decision makers to comply with the scientific and rational decision-making.That making decisions in accordance with the law, is the best way to reduce the maximum range of administrative mistakes in decision-making probability.Under the concept of "Responsible Government", the accountability system would prevent of the behavior of arbitrary and delay decision-making power and the final administrative decision mistakes.For maximum reduction of administrative decision misplay, the local Government took the lead on a preliminary attempt on the responsibility system of administrative decision-making, establishing the accountability system of administrative decision-making misplay,But in all there are some problems in the process of its implementation, such as the lack of legislation,the one-sided responsibility investigation subjects, the imperfection of its procedure and so on.Due to the construction of responsibility system of administrative decision-making is a complex issue, it would need a full range of considerations.Not only need to define the subject of accountability and responsibility,and identify various forms of liability, but also make the implementation of procedural mechanisms to ensure accountability. What’s more, the latest development of the administrative decision-making accountability system, namely the establishment of administrative decision-making responsibility system of lifelong vision.It’s the establishment of administrative decision-making responsibility for life that ensure the final implementation of administrative decision-making responsibility to people.Under the background of rule of law,the administrative decision-making responsibility accountability system means to find the point that the administrative decision-making responsibility research and the rule of law suit, set up the administrative decision-making responsibility system, and ultimately promote the administrative decision-making more scientific,democratic, and institutional.
Keywords/Search Tags:responsibility of administrative decision-making, Accountability, rule of law
PDF Full Text Request
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