Research On The Legal System Of Administrative Accountability

Administrative accountability is the basic means to supervise and control administrative acts in modern rule of law, is the key link to supervise and control the exercise of administrative power, and is also the major initiatives of the system innovation in the process of the government responsibility system construction. Since 2003, the central and local government in promoting administration accountability has made considerable progress. The problems arising in the implementation process has caused widespread concern about. The theorists and academic circles have explored the theory of administrative accountability gradually in depth. Therefore, the study on the subject is of important theoretical significance and practical urgency.Administrative accountability system is the negative evaluation made by the organ of state power, the judiciary, the public and news media, and the specific subject of accountability for the behavior of government and civil servants do not perform or did not properly discharge its responsibilities, and a system specification that demand it to bear negative results. Based on the study of scholars at home and abroad, the paper makes the comprehensive use of the method of combining comparative analysis and institutional analysis, summarizes the characteristics of administrative accountability in major western countries, combs the development path of the two levels in the system and practice of our country's administrative accountability, gives a preliminary analysis on the main inadequacies of the administrative accountability:the unclear division of responsibility, authority and responsibilities, being not in place of administrative accountability caused by lack of innovation of the legal system of administrative accountability and the failure to abide by the law and impunity in practice, and so on.From China's reality, promoting further the administrative accountability system standardize and reasonable needs to start with rationalizing the structure of public power and improving accountability of the legal system, to gradually perfect the supervision and enforcement mechanisms of administrative accountability directed by Party, National People's Congress and judicial organs, to establish a national unified Administration Accountability Act, to perfect the supporting administrative accountability system gradually, to properly resolve the problems of the ineffectiveness of the legal basis for accountability, the unfairness and incompletion of accountability existed in actual operation. These can promote the continued integrity of administrative accountability of China's legal system.