On The Jural Predicament And Outlet Of The Realization Of Our Government Responsibility

The effective realization of government responsibility is the foundation of government legality, but the realized effect of our government responsibility is not satisfying. The realized problem of government responsibility is a theoretical problem as well as a realistic problem perplexing our government for many years. With the development of the society, there are more responsibility that our government undertakes and more important responsibility that our government shoulders, while with the remarkable increase of the responsibility contents, the government responsible capability has not been improved thoroughly. On the one hand, it is because that the responsibility relationship of our government has not been established by law; on the other hand, it is because that the legal institutions related to the liability of government and civil servants are still not sound. Based on the previous research results, this thesis analyzes the unideal reason of the realization of our government responsibility, points out the system predicament of the responsibility realization and puts forward the legal three-in-one way of advancing the realization of government liability by radiating government responsibility relationship, nailing down the government liability contents and building the linkage channel of the responsibility of government and civil servants. On the foundation of theoretical analysis, and combined with the society reality and political practice, the thesis aims to supply a resolution to solve the problems of our government responsibility realization from the analytic angle of view, logical mentality and multi-aspect.This thesis includes introduction and the main body. The introduction part first briefly expounds the theoretical significance and practical importance of the selected topic, and then reorganizes the current research situations of the Chinese and foreign experts in the related fields and gives brief comments. Finally, it simply summarizes the logical thinking and research methods of the paper.The main body is divided into five parts, and falls into the chapters of the theoretical analysis and real evidence argumentation according to the logical thinking of concept definition, theoretical basis, current problems, extraterritorial experience and proposed solutions.Chapter1is about conception definition. This chapter carries on the semantic analysis and connotation definition for the two crucial concepts such as responsibility and government responsibility. Through the semantic analysis of responsibility, it obtains a result that the concept of responsibility must possess two key elements, which is, trust and control, and gains the simple concept extraction that responsibility is the subject bearing the burdens of others benefit actions based on the subjective and objective compulsion. After the detailed demonstration and illustration of its causes and connotations, it reaches the conclusion that the connecting quality is the essential characteristic of responsibility. The accurate definition of concept can't do without the tools of typical tendency and this thesis classifies responsibility according to four different standards, such as responsibility function system, responsibility temporal measurement, construction of responsible subjects, and conformations of responsibility standards. It hasn't achieved the consensus about the accurate definition of government responsibility. Based on the analysis of previous ideas, this thesis narrows the connotations of government responsibility, restricts the government responsibility to the responsibility of a government in a narrow sense, which is, a national administrative organ, and eliminates the responsibility of government in a broad sense and personal liability of civil servants in order to pursue the accuracy of concept usage. Collectivity, publicity, abstractness and symbolization are the essential characteristics of government responsibility under this implication.Chapter2is the theoretical basis of the realization of government responsibility. The perspicuity of the concept of government responsibility is to see clearly our government responsibility and to provide the basic theoretical support for the realization of government responsibility. In the alleged limits of the government responsibility, the realization of government responsibility includes two parts, which is, the excellent fulfillment of the government prospective responsibility and the effective implementation of the government retroacting liability. The modern democratic government needs the most fundamentally and most essentially prospective responsibilities, such as trying hard to maintain the society order, safeguarding the public interests, guaranteeing the basic human rights, and preventing society hazard and bears the corresponding political, legal and ethical responsibilities when the prospective responsibilities are carried on ineffectively. The ideal state turns up when the government prospective responsibility is realized effectively and the retroacting liability fades away, which is the ultimate goal of the realization of government responsibility, while the government prospective responsibility is the realistic guarantee of the ideal target. Neither of the two can be dispensed. The realized effects of government responsibility are bound to the three-way objective conditions, such as the constitutional guarantee of the government responsibility relations, the jural definitude of the government responsibility contents and the linkage of the responsibility between government and the office salaries.Chapter3analyzes the realized circumstances and reasons of our government responsibility. The problems caused by government responsibility have something to do with the legality basis of government, but at present, the realized circumstances of our government responsibility are not ideal. The government faces realistic predicaments of the co-existence of act of absence and dislocation in the perspective of responsibility realization. The government undertakes the responsibility that it should not assume, and also shifts off the responsibility that it should take in hand; so there exist the problems of lots of governments' act of omission and non-fulfillment of prospective responsibility, as well as the problems of many governments'careless act and shrinking back the retroacting liability. The reasons leading to this situation are complicated, including the universality reasons such as the risking quality of trusting relationship, the objectivity of government malfunction, and the self-profiting quality of collective actions, and our national owned reasons, such as the unsound systems, the irrational organization constructions, and the unhealthy society environment. Our national owned objective realities, such as the low institution level of government responsibility, the disagreement of the government organization construction with the rule of law requirement, and the absence of our responsibility ethics in the whole society, accelerate the depraved speed and ill degree of the universality government malpractice.Chapter4is the reorganization and usage for reference of the legal system on the extraterritorial government responsibility. The realization problem of government responsibility is a universal problem and the corresponding methods are distinctive on account of the political traditions, society cultures and systems designs of every nation. This thesis investigates the western developed countries constitutionalism system, law system and administrative systems from the three aspects such as the establishment of responsibility relations, the definitude of responsibility boundaries, and the inter-linkage of responsibility of government and individuals, briefly reorganizes the reformation measures that the western governments adopts and the inherent system features they stick to, and absorbs and draws lesson from the beneficial experience of the western government who advances the government responsibility realization and establishes more responsible government.Chapter5explores the road of shift for the realization of our government responsibility. After the theoretical, positive and comparative analysis, and aiming at the society reality, time challenge and international environment of the current stage of our country, this thesis attempts to put forward the feasible way to help our government separate itself from the legal institution predicament. There may exist many selective ways to meliorate our government responsibility realization situations. The scholars of politics, administrative management and economics all propose the personal, macro and micro reformation suggestions but this thesis holds that the way of rule of law should be the optimal choice. Essentially, the realization problem of government responsibility is a legal problem, which begins in the suspicion of the legality of government, and ends in the legal fulfillment of the government. It also starts from the value inquiry of the essence legality and winds up in the system choice of the form legality. The reformation way of our government responsibility realization should be the legality way of our government responsibility. On the premise of this way, this thesis proposes the following reformation suggestions, such as on the basis of reforming and improving the current constitution and legal systems, to amend the government responsibility relations, optimize the government responsibility contents and carry on the legal integration of the responsibility between government and civil servants.