On The Legal Construction Of Administrative Accountability

Administrative accountability as an important administrative legal system has long been practice in Western countries. In China, along with the administrative accountability of law enforcement practices in depth, administrative accountability is also an orderly conduct of legislative work, whether at the central level or local level, have gradually introduced a series of regulatory documents, the subject of administrative accountability , object, subject, and so made a more detailed program requirements.Admittedly, the practice of administrative accountability in recent years, achieved good results, according to law in the implementation of ideas to improve administrative efficiency, building the rule of law the government has played an active role. However, the system either from legislation or practice in law enforcement, there is a lot of problems, how to achieve the legalization of administrative accountability, how to build our administrative accountability system, legal system, is a question worth considering. Based on this point, this article will be the Law for the administrative accountability system as a research subject.In addition to the introduction and epilogue text is divided into four parts:Introduction describes the background of topics, that administrative accountability is still in its infancy in China, there is the accountability provisions of general objects, the narrow subject of accountability, accountability efforts are more tolerant, limited to internal accountability, accountability and responsibility defined way unfair legislation and practice, and many other problems, you need to take the legal road to be standardized and improved. To guide the purposes of this article, that is, combing, analysis of the legislation and practice of administrative accountability status, analyzed and summarized the existing problems, from the subject, object, scope, methods, procedures and other aspects of the legal system to solve the Administrative Accountability Thinking about the problem.The first part is to ask questions. Through several years of typical cases of the introduction of administrative accountability is proposed to study the direction of the article, how the legal system of administrative accountability of the means to regulate the standards and content, a clear legal basis for administrative accountability and responsibility system, to achieve the original intention of the administrative accountability system, makes it not a mere formality.The second part is an overview of the theory of administrative accountability. First, the meaning of administrative accountability system has defined the main body from accountability, accountability object, the scope of accountability, accountability procedures and accountability aspects of the results of the five elements of its analysis of the concept; and then from the protection of civil rights and building the rule of law the government to stimulate enthusiasm for citizen participation in three aspects, discusses the value of administrative accountability system, illustrates the rationality of the existence of the system; finally discusses the theoretical foundation for the administrative accountability system, the theory of participatory democracy, control rights theory and the principal - agent theory.The third part of the legislative status of the administrative accountability system and problems. First of all sorts out the administrative accountability of the legislation, mainly for the NPC Standing Committee enacted relevant laws, administrative accountability system, the central policy documents, local regulations and multiple levels of party and government documents, and introduced the practice of the system in our current situation; on the basis of the administrative accountability of the problems, including six areas: legislation lags behind; accountability object is unclear, and general provisions; a narrow range of subject accountability standards for flexibility and too large; accountability efforts are more tolerant; limited accountability in the same body; accountability and responsibility defined in unfair ways.The fourth part is perfecting the concept of administrative accountability. Part of the draw for the third part of the shortcomings of administrative accountability, focuses on the following aspects from the proposed improvement measures: development of a unified "Administrative Accountability Act"; improve the accountability of the main; to expand the scope of accountability of the object; improve administrative accountability reasons; improve the accountability procedures; refined way of accountability, to define the responsibility system.