View On Legislative Improvement Of Administrative Accountability System In China

The modern administrative accountability system in China started late, and still now is at a start-up period of case accountability, without a complete system, not to mention a set of administrative accountability legal system. This thesis, from a legal perspective, based on current "Interim Measures of Administrative Accountability", discusses perfect measures of lawmaking for administrative accountability.This thesis includes three parts. According to the general concept of administrative accountability system, the author defines it as:"a system in which, according to legal procedures, the legal subject investigates political and legal responsibility of state administrative personnel at various levels with direct or indirect responsibility in violation of Constitution and law when exercising their function, infringing the interests of state, society and citizen."By analyzing the present legislation and implementation of administrative accountability system in China, the author dialyses defects of administrative accountability system in legal system and implementation, including incomplete legal system, unbalanced development, limited applicable scope, disunity standard of administrative accountability, single subject of administrative accountability , unclear targets of administrative accountability, limited scope of administrative accountability, method disunity of administrative accountability, procedural disunity of administrative accountability; The second part describes the necessity and feasibility for lawmaking of administrative accountability. Through the analysis of necessity of lawmaking of administrative accountability (mainly including entity and procedural value of lawmaking for administrative accountability) and feasibility (mainly including flexible mechanism of perfecting administrative accountability, development of administrative accountability legal system in china and lesson from foreign advanced experience), the author proposes formulating unified and improved measures of administrative accountability law; The third part , from the angle of legislation, states the specific design and corresponding mechanism of administrative accountability law , dividing into three parts: basis, substantive law and procedural law, also with description of external mechanism of the law (including government information publicity system and administrative procedural system).The author tries to provide lawmaking of administrative accountability, changing the past awkward situation of "accountability events without accountability law", thus establishing a scientific, reasonable and feasible administrative accountability system.