Research On Accountability System For Major Administrative Decision-making

Our country is being in an important period of the construction of the rule of law,and the reform of the administrative system has also entered a critical stage.The theoretical and practical significance of the research on accountability for major administrative decision-making is becoming increasingly conspicuous.Accountability for major administrative decision-making is a diversified,systematic and typed mechanism,which not only refers to the supervision or accountability at the end of the decision-making process,but also includes the whole process from decision-making to policy implementation and policy feedback,with characteristics of legality,process and risk.The theoretical basis of accountability for major administrative decision-making includes three theories: responsible government,administrative process and due process.The practical significance is embodied as the logical premise for the promotion of responsibility consciousness,the internal motivation for the strengthening of administrative order and the important guarantee for the advancement of the rule of law.The formation of an open market economy,the upgrading of the strategic objectives of government ruled by law,the promotion of the responsibility concept of administrative subject and the reconstruction of government's credibility have separately provided economic,political,cultural and social conditions for the emergence of the accountability system for major administrative decisions.The evolution of this system is divided into an gestation stage in based on the state organs supervising,the embryonic stage in which taken the administrative accountability theory as the carrier,the development stage in which taken administrative accountability practice as the demand,the forming stage in which taken accountability for major administrative decision-making as the ending point,and presents regularity of the idea transformation from negative to positive,of the thinking transition from the campaign-style tonormalization,of the rule design from the dispersion to the system,the advancing path from the central to the local levels.By reviewing the normative text,discussing real case and combing institutional framework,we will find that although the accountability system for major administrative decision-making has been relatively mature,it still faces the problems such as the imbalance between accountability subjects,the singleness of accountability object,the ambiguity of accountability scope,the defects of accountability procedure.The reasons lie in the influence of traditional culture,the restriction of theoretical research,the unsoundness of text system.The perfection of the accountability system for major administrative decision-making needs to grasp the overall thinking and concrete orientations.In terms of overall thinking,four points need to be made.Firstly,upgrading concept,namely,we need to realize the transformation from rule by law to rule of law,from punishment to prevention,and from arbitrariness to cooperation;Secondly,establishing principles,namely,the principles of taking the accountability by law,consistency of the power and the responsibility,disclosure of the information,and lifelong accountability;The third is the pattern construction,based on using for reference the “network” pattern in the United States and the “seamless” pattern in the United Kingdom,we will construct “tridimensional” accountability pattern in our country;Fourthly,supporting systems,that is,we will strengthen the construction of supporting systems of accountability assessment,public participation,and resuming official posts of the accountability officials,etc.There are four concrete orientations to be paid attention to: The first is to achieve diversification in the choice of the accountability subject;The second is to achieve complex on the expansion of the accountability object;The third is to realize systematism in clarifying the accountability scope;The fourth is to achieve standardization on the accountability procedure.Accountability for major administrative decision-making is becoming a normal state in our country,which is not only the inevitable requirement of administrative system reform,but also an important way to build a government ruled by law.In order to further strengthen the construction of this system of legalization,standardization and routinization,this paper will make “accountability” research project,which is originally under the political discourse,breaking through the limitation of the academic discipline,be regulated by law which is the important tool of governing the country.This not only needs high attention from the party and the state to highlight the combination of government-leading and social participation,but also needs experts and scholars to constantly provide development approach and contribute the knowledge of thinking.This paper is the law thinking about accountability for the major administrative decision-making which is the realistic problem with strong political implications,focuses on the particularity of the research perspectives of administrative law,and by summarizing the local problem in our country,hopes to have a depth argument on the fundamental way of benign development of accountability system for the major administrative decision-making in our country.