Study On The Path Of Rule Of Law In The Administrative Accountability System In China

Paper reviews the basic theory of administrative accountability,focusing on a constitutional basis and legal basis.Can be used as the basis of administrative accountability of the constitution,including the principle of popular sovereignty,the relationship between the people of the principles of supervision,accountability principle of state organs,state organs,the constitutional implication of administrative accountability.Can be used as the legal basis of the administrative accountability system,including the power to control theory,theory of responsible government,the rule of law and good governance theory of government theory.Rule of law of administrative accountability process with the process of socialist democracy and rule of law should constantly develop and improve.Longitudinal analysis of the development process of the establishment of new China,especially in 2003,"SARS" accountability "storm" since the development path of China's administrative accountability system is substantially in accordance with the gradual evolution phase rule of man-rule by law-rule of law.Transversal analysis of the development path since the founding of the administrative accountability various historical periods,"rule of man" is often reflected in the attention and mobilize leaders accountable,"rule by law" embodies much of the accountability system for exploration,all with a clear "government-led" characteristic;"rule of law" is more accountable to implement in practice,exploration,focusing on positive interaction between the government and society.Since the founding of New China's development path of administrative accountability,including leadership attention and mobilization,institutional explore,practice and exploration,the main types of accountability,as well as the main problems facing the path of rule of law,to promote the development of rule of law in the path of sound administrative accountability has an important significance.Administrative accountability system to further develop and improve our country along the path of rule of law,the need to strengthen the "top-level design".Administrative accountability authority to gradually accountability committees,people's congresses,governments,the judiciary,the CPPCC and other contemporary Chinese political power structure of the body.In the path of rule of law in the process of administrative accountability,accountability to the executive authority from accountability,but also to get rid of rule of man,to the gradual process of rule of law.As long as fundamentally conducive to strengthening and improving the Party's leadership,conducive to the development of our democracy,responsible government building,we can boldly promote accountability oversight.Stage should vigorously promote administrative accountability.Administrative accountability system must be based on a strict division of responsibilities,need to properly handle the powers and responsibilities of the Party Committee and government boundaries,a clear division of responsibilities within government relations.Rule of law construction of administrative accountability needs to strengthen the legal system.In order to ensure that the administrative accountability system truly become a long-term mechanism,under the supervision of the existing accountability framework for the integration of existing laws,regulations,rules,based on the relevant documents on administrative accountability provisions to "on the implementation of the party political cadres accountability Interim Provisions","administrative Supervision law" and "civil law" and relevant laws and regulations as the basis to build a specialized,comprehensive accountability law,clear grade of responsible government,professional liability,legal liability and political responsibility,clear administrative accountability subject,object,scope,methods,procedures,remedies,legislative convergence,so that this oversight in the form of administrative accountability to the law,effective,healthy conduct.Also perfect supporting administrative accountability system,such as government information disclosure mechanism,government performance evaluation mechanism,administrative and moral responsibility mechanism.Rule of law to improve our administrative accountability must also vigorously promote the practice of law.The key to vigorously promote the practice of law that the administrative accountability system,with a special,complete accountability for the premise and basis of the legal system in order to open and transparent accountability information to enhance government performance evaluation mechanism for the implementation and administration of moral responsibility is an important guarantee to play dual role with the body of accountability and allogeneic accountability,extensive public participation,government social positive interaction with the formation of joint implementation of the party and government organs and their staff's full accountability.Accountability in the implementation of the same body,strengthen the party and internal supervision and accountability of the executive.Accountability in the implementation of allogeneic,improve and strengthen the NPC and CPPCC,the judiciary,the media and citizens' oversight accountability.