Study On Administrative Self-criticism

The “administrative self-criticism” is one of the important forms of theadministrative accountability in our country. In the accountability investigation of anumber of major accidents and other significant responsibilities，the “administrativeself-criticism” has been widely used. But the problem is still not up to standardpractice, the system is still a lack of theoretical depth study.In the paper, the theoretical study on the “administrative self-criticism” is taken asthe main subject to be studied. Based on the constitution and administrative lawdiscipline, focusing on the use of historical analysis and empirical analysis, with thecombination of the related theoretical studies on jurisprudence, philosophy, politicsand ethnics, it explores the theory basis and practical meanings of the administrativeself-criticism system. Based on this, it clearly defines the connotation, nature andfeatures of the administrative self-criticism and its position at the administrativeaccountability system. Meanwhile, it identifies the problems of the administrativeself-criticism system and the self-criticism practices in China, via the statistics,conclusion and analysis on the system standardization and accountability practice.Finally, the paper provides the improving suggestions to make the administrativeself-criticism system more standardized and procedural, and to make theadministrative self-criticism play a unique and active role in the administrativeaccountability system.As the study on the administrative self-criticism is an innovative topic, the first aimof the paper is to lay a foundation of discussion for the paper, that is, to define theconcept and nature of the administrative self-criticism. In this paper, the substance ofthe administrative self-criticism is to self-examination. Ancient China had appeared toreflect a similar review of the implications of various forms, such as the ancientemperors "sin edict," and officials "apology table","Statement","volt debate","introspection" and so on. The word of “review” means “examining one’s own mistakes”, which is a particular meaning in China that appeared after the success ofthe revolution leaded by the Chinese Communist Party and the founding of a newChina. In English-speaking countries, it is hard to find a word completely conformingto the word of ‘self-criticism” to be discussed under the paper from the aspect of theadministrative law. Although the defined meaning of the “review” didn’t appear for along time, some other similar self-examination forms with the similar meaning hadappeared in ancient China, such as “ZUIYIZHAO”, the self-examination by ancientemperors, as well as “Apology Form”,“Petition Form”,“Confession”, and“Introspection” by ancient officials. Therefore, the ‘administrative self-criticism’ to bediscussed in the paper refers to a form of accountability where the administrativeauthorities and the related officers thereof examine their own mistakes and activelytake relevant account because of their illegal acts or unreasonable conducts whichmay cause serious results or have adverse social impacts. Compared with other formsof administrative accountability, the administrative self-criticism features by itsresponsiveness, autorhythmicity, reflexivity and reputation.On the foundation of defining the concept and nature of the administrativeself-criticism, the paper has a further discussion on the nature of the administrativeself-criticism and its position in the administrative accountability system. It is putforward under the paper, the administrative self-criticism has a close relationship withthe political responsibility, administrative responsibility, legal responsibility andethical responsibility, from the view of nature position. And the ethical responsibilityand legal responsibility are the main feature. In the current stage, it is very importantto incorporate the administrative self-criticism into the scope of the legalresponsibility for the help of legal authority, so as to ensure the judicial and regularuse of the administrative self-criticism. As for the effect position, the punishmentstipulated under the system so mild compared to that under the other forms ofadministrative accountability at home and abroad. However, the administrativeself-criticism in China has its seriously punitive feature under the influence oftraditional political cultures. Meanwhile, the paper specially analyzes the features andpositions of the administrative self-criticism and the administrative punishment for defining the relationship and differences between them.On the basis of defining the concept, nature and position of the administrativeself-criticism, the paper studies the formation and development of the administrativeself-criticism, a unique form of administrative accountability. By the collection andanalysis on relevant historical data, the paper concludes that the administrativeself-criticism system origins from the “critics and self-critics”, a political educationmeans by the Marxism political party. With the development of Chinese revolutions, afixed pattern that features by the self-examination within the party is gradually formed.The political meanings of the self-examination within the party have changed deeplyas well. After the founding of China, the self-examination within the party is extendedbeyond the party and widely used among the ordinary cadres and the general publicand permeates to the administrative system, finally developing to and forming anadministrative self-criticism system with a modern meaning of the presentadministrative accountability.As one unique form of the administrative accountability in China, the theory basisof administrative self-criticism has a rich content. The theory of constitutionalism,responsible government, and self-restraint in administration prove the possibility andnecessity of the administrative self-criticism to be practically implemented as a formof accountability that reflects the self-restraint of the government and makes respondto the public. The theory of knowledge under philosophy, in addition, proves thatduring the exercise of the administrative rights by the administrative authorities, theadministrative self-criticism may play an important role in correcting the mistakes,concluding the experience and improving the work. The theory of administrativeethics, furthermore, proves that the administrative self-criticism accords with thelowest moral request as the important method to seek for the high-value goal. Marx’stheory of party construction proves that administrative self-criticism has a closerelationship with the system of Marxism political party, reflecting the leadershiprequirement of the proletariat ruling party. The cultural origin of the administrativeself-criticism is the concepts of self-control and obedience from the traditional culturein our country, which make the construction and wide use of the administrative self-criticism construct.After analyzing the theory basis of administrative self-criticism, the paper makes alarge number of empirical analyses on the administrative self-criticism system andrelated cases. After searching the year books, political newspaper and open meetingminutes issued by all levels of government organs, as well as all kinds of news reports,the paper has totally collected62normative files about the administrativeself-criticism, which are issued by all levels of government organs from1988to2013,and54administrative self-criticism cases since1949. By refining the categories andanalyzing all items of the file rules and the self-criticism cases, the problems and thedilemmas of the administrative self-criticism in practice have been further identified.On this basis, the paper makes targeted suggestions, focusing on the distinctiveproblems of the administrative in practice, from the two aspects of constructing theoperating environment of the system and improving the rules with respect to theself-criticism processes. Special emphasis has been put to the launch, execution andrelief procedures of the administrative self-criticism which should be improved inorder to make sure that the administrative self-criticism plays an active role in theadministrative accountability.In a word, as one characteristic form of administrative accountability in China, theadministrative self-criticism plays an important outer role and has an inner value. Theresponsiveness, autorhythmicity, reflexivity and other features of the administrativeself-criticism also reflect the development trend of the democratic administration andaccountability administration in China. The paper focuses on the certain studies on theadministrative self-criticism, aiming to furthering theoretical research, exploring thepractice of administrative self-criticism, impoving administrative self-criticism system,so as to facilitate the administrative self-criticism to play an important role in theimprovement of the modern administrative accountability system in China.