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Research On The Accountability System Of The Leading Cadres Of Party Committees

Posted on:2014-07-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:F ZhaoFull Text:PDF
GTID:1486304304466684Subject:Constitution and Administrative Law
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The accountability system of the leading cadres of Party committees, as a kind of political arrangement with distinct Chinese characteristics, is implicating the profound idea of power restriction and supervision. It's playing an important role in promoting Chinese political system transformation and development of socialist democratic politics. In this thesis, we examine the basic theory of accountability system from constitutional and political angles. It investigates the useful experiences of the Western counties and the developing course of China, so that we can analysis the main difficulties and find tactics to surmount. A theoretical system that adapt to the exercising fact of the Party committee's power and accord with current political structure and legislative system is set up to assure the power is held scientifically, democratically and legally as well as develop political civilization.The thesis is divided into five chapters except the preamble.The first is the basic theory of accountability system of the leading cadres of Party committees. Accountability system is a series of institutional arrangements and operating mechanisms about accountability, such as who, whom, what and how. It has two properties of nature:response and punishment. It can be classified with different standards. The Accountability System of the leading cadres of Party committees is referred to those who take charge in the party organizations at different levels should give an account and bear corresponding liabilities to the organization or outer political, social organizations or the public when improper situation or damage arises relevant to their own or subordinates. It is based on deep roots of economy, politics, society and culture.it should abide by the principles as follows:rule of law, equality, due process and correspondence. It has four kinds of liabilities:political, disciplinary, legal and moral. Its value is embodied by improving ruling capacity, developing democratic politics, preventing power corruption, optimizing political ecology, and promoting social concordance.The second is about the investigation and inspiration of the accountability system for officers in western countries. Taking a comprehensive view of contemporary western countries that governed by law, all exercise supervision and restriction over the ruling parties, governments and their officers. From the development of democratic thought, the establishment of accountability system for officers in western countries is bound up with social contract theory, separation of powers and checks and balances theory, popular sovereignty theory, representative government theory spinged up in the17th century and public administration theory in the20th century. The accountability system for officers in western countries involves representative, government, judicial, political and voting ones. It has characteristics such as high level institution, diverse and comprehensive subjects, extensive coverage, various liability forms. It teaches four important lessons. First, we must proceed from China's actual conditions. Second, the law of accountability must be established, perfected and strictly enforced. Third, the masses of people should adequately enjoy the right of information, participation to maintain the vigor of accountability. Fourth, responsible culture should be deeply rooted among the people to keep accountability in normalization.The third is about the history and reality on the accountability of the leading cadres of Party committees. The rising of the accountability of the leading cadres of Party committees is inevitable for market economy and democracy to develop. It's consistently maintained by the Communist Party of China. The party leaders'accountability thought, from Mao Zedong to Hu Jintao, comes down in one continuous line and keep up with the times by endless development and innovation. All of them paid close attention to diverse accountability subjects and build an all-round system. At the same time, the trend of institutionalization, normalization and procedure is clear. The accountability system of the leading cadres of Party committees consists of consubstantial accountability within the party and alien one out of the party. The former involves accountability from Party organs for discipline inspection and inspection tours. The latter involves accountability from People's Congress, Chinese People's Political Consultative Committee, Participating Parties, audit and community. The legislative system includes constitution, laws and judicial interpretations, documents of the CPC Central Committee and local regulations.The fourth is to study the problems exist in the accountability system of the leading cadres of Party committees from empirical perspective. In the subjects of accountability, the consubstantial and the alien develop lopsidedly. The consubstantial accountability's Impartiality is in doubt. The alien one is congenital dysplasia. In the objects of accountability, Party committee's power boundaries is so fuzzy that the responsibility is difficult to distinguish. The fact that Party committee's status is higher than government provides an opportunity to shift the responsibility. Imperfect Collective decision-making mechanism leads to abnormally heavy or light responsibility."The lower level subordinating itself to the higher level" leads to distortion of the responsibility system. In the issues of accountability, the coverage should be expanded urgently. Accountability against "wrong" is more while against "inaction" less. Accountability against concrete implementation while against abstract decision-making less. Emergency accountability afterwards is more while normal accountability in advance and process less. In legislation of accountability, the existing statute is lack of operability, fairness and consistency. Terms are inaccurate. Assumption of responsibility reflect strong self-protectionism. Results differ greatly in execution. In procedure of accountability, there are holes in initiating mechanism. The process and the results are not transparent enough. The startup procedure upon application is not clear and the one upon authority not perfect. The process and result is lack of transparency. In the lasting influence, unregulated reinstatements soften the accountability system's rigidity.The fifth is to find out paths to improve the accountability system of the leading cadres of Party committees. Firstly, the legislation must be accelerated so that the accountability can be implemented legally. Second, deepen the reform of the political system and clear up authority and responsibility. Reform the power structure mode to distinguish powers between Party committee and government. Perfect the collective leadership system to distinguish responsibilities between collective and individual. Improve the relationship of the upper and lower level to distinguish responsibility between superior and subordinate. Thirdly, construct associated mechanism of the internal and external, authority and community. Innovate the alien accountability mechanism of People's Congress, judiciary, audit, Chinese People's Political Consultative Committee, Participating Parties, people and media. Improve the consubstantial accountability mechanism of Party congress, Party organs for discipline inspection, inspection tours and membership. Fourthly, set up the scope of reasons for accountability scientifically such as the report failing of passage, wrong decision, ineffective implementation, lax supervision, abuse of power and violation of socialist morality. Fifthly, standardize accountability procedures such as start, investigation, listen, decision and relief. Sixthly, complete moral, political and legal liability system. Reinstatement should be restricted in entity and procedure.
Keywords/Search Tags:the leading cadres of Party committees, accountability, democracy, rule of law, politics of responsibility
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