On The Legalization Of Political Responsibility

Political responsibility only manifests its value in the context of democratic politics,but as a special area of "responsibility",its definition needs to explore the true meaning from the three-dimensional structure of humanity,society,and semantics of"responsibility." The origin of human nature gives responsibility a moral height Social origin gives responsibility to role positioning;semantic origin is the external rich expression of human nature and social origin.The connotation and extension of responsibility need to be comprehensively explained by combining these three aspects.The connotation of responsibility is formed by people in the pursuit of morality as Behaviors and consequences that members of society should assume.From the perspectives of subjectivism,value theory,and epistemology,the connotation of responsibility has self-discipline,purpose,and legitimacy.From the perspective of extension,responsibility in a broad sense includes the motivation,purpose,and The act of achieving responsibility and the end result(including the commitment to adverse consequences).Political responsibility is actually the extension and transformation of the content of responsibility in the political field.Although the theoretical discussion of political responsibility is accompanied by the theory of responsibility,only in modern times,The continuous enrichment and interpretation of thinkers such as Machiavelli,Rock,and Weber gradually separated from the theory of responsibility The particularity of political responsibility lies in the field of application,which has a clear political color,and still inherits the characteristics of responsibility self-discipline,purpose,and legitimacy.The content of political responsibility is based on the people(or people's representative organizations)Trust,the responsibility of officials elected through elections or by successive levels of authority for the well-being of the people,and the realization of people's rights and interests through the proper exercise of power.When this purpose is violated,the adverse consequences of adjustment or loss of power must be borne.The broad extension of political responsibility includes officials directly or indirectly authorized by the people to exercise their powers in accordance with the people's entrustment to realize their own responsibilities,and also includes the adverse consequences of breaching their responsibilities.If political responsibilities are gradually separated from moral responsibilities,it is a trend of political responsibilities The first division of independence,then the transformation of political responsibility to the rule of law is the second sublimation of the strengthening of political responsibility.The legalization of political responsibility is the embodiment of human political civilization,and the official commitment of the people to the law that represents the will of the people The system gives it coercion,that is,the power must be the ultimate realization of the people's mandateFate.Although the rule of law has a distinction between formal and substantive rule of law,political responsibility is based on the legitimacy of power,and its rule of law already has the connotation of substantive rule of law.This article focuses on the study of the meaning of substantive rule of law and the legalization of political responsibility.Issues,including "the purpose and requirements of political responsibility,the allocation of responsibilities and powers(responsibility),the performance of responsibilities(procedures),the realization of responsibilities,the accountability of responsibilities,etc.",showing the legalization of political direct authorization relationship,the legalization of indirect authorization relationship,and political responsibility Implement different forms of rule of law.The legalization of political responsibility must first establish a theoretical framework,consolidate the theoretical foundation,and lay a solid theoretical basis for the exploration of the legalization of political responsibility.Classical natural jurisprudence and Marxist jurisprudence explain the main causes of the legalization of political responsibility.Classical natural jurisprudence constructs a theoretical system through a priori presuppositions,from Hobbes,Locke to Rousseau,and gradually forms a foundation based on democracy,freedom,and equality.The idea of "contract theory".Although this is a "conceptual contract" deep in people's thoughts,it is a strong spiritual shield to protect the rights of the people,and it is also a strong and rational constraint on the responsibility of the officials to the people.This relationship rises to reflect the people The law of the will can use national coercive force to prevent the betrayal of power by the people.Therefore,in order to protect their rights,the people authorize(government)officials,and the legitimacy of(government)officials in exercising power is reflected in "realizing people's trust" For this purpose,this is where the official's political responsibility lies.The rule of law is a precaution and alert to the"evil of human nature" of(government)officials.The necessity of the rule of law as demonstrated by classical natural law thought is aimed at restricting by the rule of law The necessity of power is fundamentally the necessity of "legalization of political responsibility." Marx envisions a society that safeguards and realizes the interests of the entire social community.It is thought that the working class seizes power,breaks down and eliminates the state organs representing the interests of the minority,and the state functions are performed by the attendants who can take responsibility for the society.Marx believes that the representative system is a realistic choice for realizing social benefits,and public positions are limited Nature determines the rationality of the "trustagent" relationship.The people's authorization for a small number of officials aims to realize the overall interests of the people,which shows that power is the ultimate goal of realizing the people's interests.At the same time,Marx departed from officials'responsibility to the people.With a high degree of vigilance,he believed that if the official departed from the will of the people,the people had the right to be fired.He summed up the experience of the Paris Commune and put forward the idea that all civil servants are accountable to the people.The empowerment of the people to vote and recall was an illustration of the realization Responsibility is the legitimacy of power.Although Marx did not directly propose the idea of "legalization of political responsibility",he proposed the legal positioning of the law:the law is based on guaranteeing the freedom of the people,and the mission is to regulate the realization of duties.The theory of political-administrative dichotomy laid the basic framework for the legalization of political responsibility.Wilson proposed the preliminary framework of political-administrative dichotomy in the Study of Administration.He pointed out that"administrative tasks originate from politics";Goodnow Completed the construction of political and administrative theory,"the expressive function of the state will and the executive function of the state" are his most classic expressions.But the distinction between politics and administration is only the starting point of Goodnow's theory,and its main purpose is to achieve coordination between the two.This proves the inseparability of politics and administration from one aspect.The "bureaucracy"constructed by Weber implemented the political-administrative dichotomy in the practice of state governance.Politicians are responsible for decision-making,and civil servants(administrators)are responsible for implementation;Politicians bear political responsibility for their actions,while civil servants assume responsibility for their duties based on role positioning,and the technical characteristics of administrative management provide the possibility and prerequisites for the realization of legal regulations.However,the entanglement and fetters of politics and administration in practice are not completely Realize the theoretical presupposition of bureaucracy.The relationship between politics and administration is a relative separation based on a close relationship.This separation has differentiated with a certain lawThe technical and administrative areas of administration provide the possibility for the rule of law;the correlation between the two shows the political nature of administration,which makes "administration according to law" one of the forms of the legalization of political responsibility.The theory of political constitutional law and administrative law pave the way for the implementation of the legalization of political responsibility.The political constitutional science demonstrates the political nature of the constitution,that is,the constitution as the interface between politics and jurisprudence,and has the dual attributes of politics and law,which is political responsibility The constitution has been fully demonstrated.In his political constitutional science,German public jurist Schmitt proposed that the constitution is based on political elements and expressed by the elements of the rule of law.Because of this,the ambiguity of politics inevitably leads to the constitution The abstract nature of norms and some political actions are extremely volatile and cannot be incorporated into the framework of the rule of law.British constitutionalists have expressed basically similar views.The well-known constitutionalist JAQ Griffith pointed out that politics and law cannot be substituted for each other.Its own characteristics.The political constitution adjusts constantly changing political objects,and the normative nature of the constitution has vague characteristics.Its successor,Adam Tomkins,has further elaborated the normative nature of political constitutional science,emphasizing that the official responsibility system is the political constitution At the core,political scholar Richard Bellamy directly demonstrates the political constitution at the level of standardization.The political constitution is normativeAs a form of expression,although this normativity is ambiguous,because politicality is hidden behind the norm,making it impossible to fully clarify it.Although Western political constitutional science does not clearly describe the normative form of the legalization of political responsibility,it still points out that politics A feasible path to the constitutionalization of responsibility.Our country's thoughts of the legalization of political responsibility originated from the West,and at the same time,it emphasizes the normative nature of political factors in the constitution and strives to build a normative system of domesticated power.However,this does not mean ignoring politics.The binding point of law.Which aspects of politics and normativeness have played a leading role in different historical periods?Scholars use "constitution appearance and revolution exit" to express it.Administrative law as a constitutional science of action is the implementation of constitutional ideas The western theory of control theory is most typical of the United States.The core of power control is that the exercise of power must not infringe on the public's rights and interests.Our service theory ideology highlights the color responsibility of government's political responsibility;although the new control theory actively controls power But still emphasize that power must be aimed at realizing the rights of the public.The research on the legalization of political responsibility must be rooted in practical life,based on practice,and extract from it a feasible model and path of legalization.The practice of legalization of political responsibility is to start at the same time as the construction of rule of law in various countries,holding the banner of "power restriction"It is the goal of believers in the rule of law to put power into the "cage" of the rule of law.However,the promoters of the rule of law have inadvertently ignored the deeper purpose behind "restriction of power"-the issue of the legalization of political responsibility.However,the practice of each step of the rule of law is exactly in Achieving this goal.The practice of the legalization of political responsibility in various countries is far ahead of the theory.What is missing is a theoretical summary of practice and further guidance on practice after the formation of a mature theory.Practice development provides a theory for the generation of theory Rich materials,it's the right time to realize "theory comes from practice".China implements a dual power structure of party and government,which is reflected in the area of responsibility,and has formed a dual responsibility system of party and government.Political responsibility is now a primary responsibility,including the legal transformation of purpose responsibility,responsibility responsibility,or enforcement responsibility;or failure to perform the above responsibilities The form of the rule of law of secondary responsibility that emerged later.In terms of primary responsibility,the specific form of rule of law is the party's regulations and national laws,forming the basic law as the apex,the backbone law as the tower body,and a large number of specific specifications as the base.In the legal system of the party,the political responsibility in the "Party Charter" mainly declares political positions and objectives,and clarifies major political decision-making powers.In a series of "Regulations",the scope of the party organizations at all levels is clearly defined The political decisionmaking power of other parties.In the specific norms of other parties,the rules for the performance of specific political responsibilities are stipulated.In the national legal system,the Constitution establishes a basic framework for the legalization of political responsibilities,and state institutions follow the principle of "democratic centralism"Produced by the people's congresses,the main leading cadres at all levels are elected by the people's congresses at all levels and are accountable to the people's congresses and ultimately to the people.Responsibilities(except those directly elected by the people's congresses at all levels)are generated by the higher authorities,expressed in the form of authorization legislation with distinctive political responsibility decision-making characteristics;a large number of functions and powers in administrative law belong to the implementation of political responsibilities,which are manifested as more specific counterparts.For specific responsibilities,such as administrative penalties.In terms of secondary responsibilities,the accountability of key cadres in the "Intra-Party Accountability Regulations" in party regulations to perform political responsibilities,the subject of accountability,the cause of accountability,and the method of disposal,have Clear political characteristics;the Disciplinary Regulations regulate the situation where direct losses should be held accountable for the implementation of political responsibilities;a large number of other party regulations have established a system of accountability for leading cadres with almost full coverage.In national laws,the Constitution Violations of liability are guaranteed by the removal mechanism;violations of political responsibility in the administrative field are manifested as administrative accountability of officials or administrative sanctions as civil servants;and the responsibility for leaders in the execution of political responsibility is mainly the justice caused by administrative lawsuits responsibility.As a representative country in transition,Russia has established a system of rule of law for the political responsibilities of its officials.The constitutional responsibilities of officials are represented by the constitutional responsibilities of the president,the prime minister,and local senior officials,and are reflected in the constitution as the setting of responsibilities;constitutional responsibilities The prosecution is mainly aimed at the impeachment of the president and the prime minister;the accountability of local senior officials reflects a variety of characteristics,which can be directly held by the president and recalled by voters.In addition,political responsibility(or political responsibility)to other officials in administrative law The United States is the representative of a country ruled by law,divides officials into administrative officials and affairs officials,and establishes a comprehensive civil service system,and political officials are political The main bearer of responsibility,while the affairs official must bear both the political responsibility for the diversion of administrative officials and the responsibility for the implementation of political responsibility.The United States regulates political responsibility and its accountability through a comprehensive rule of law system.In the United States Constitution,Fulfills the president's broad responsibilities,and impeaches him if he fails to fulfill his political responsibilities.Into administrative law,as mandated by the relationship,subordinate superiors responsible,ultimately responsible to the Chief Executives Board,the Chief Executive is responsible to Parliament,ultimately responsible to the electorate,subject to appropriate administrative accountability or judicial review.Based on the above analysis,the scope of the legalization of political responsibility must meet the requirements of the rule of law and be restricted by the limitations of the rule of law.The following aspects of political responsibility are not suitable for the rule of law:the moral part of political responsibility;the subjective decision part of political responsibility.The constitutionalization of direct political responsibility does not accept comprehensive judicial review,and after the indirect political responsibility is administrativeized,accountability is only achieved through an internal hierarchical system,excluding judicial review;judicial review can only be fully involved in the implementation of political responsibility.The legalization of political responsibility is Excluding the "inappropriate part" mentioned above.The model of the legalization of political responsibility mainly includes the transformation of political primary responsibility from the "normative-value" model to legal obligation-actual-result "model,and the secondary responsibility changes from value-related to fact-related.Transformation:Direct authorization gives birth to the people's primary political responsibility,and its rule of law form is transformed into constitutional norms,specifically including the purpose responsibility and political responsibility responsibility;the secondary political responsibility is the impeachment or dismissal system in the constitution.Political responsibility is mainly transformed into political purpose responsibility,political responsibility responsibility,and political responsibility Violation of responsibility clauses in administrative law often leads to administrative accountability or judicial responsibility.The path of legalization of political responsibility,from macro to micro,from abstract to concrete,the main idea is:from the political level to the law at the principle level The transformation of principles includes the transition from the legitimacy of power to the legitimacy of behavior,the transition from the unification of rights and responsibilities to the unification of rights and obligations,and the transition from the democratic right of human beings to the protection of human rights.The change of object from political behavior to duty behavior,content The transition from power and responsibility to rights and obligations(authorities and duties).