Study On The Administrative Impeachment Guarantee System Of China

The first legal document on the administrative impeachment of China is The Accountability System for Senior Officials of Hong Kong in 2002.The events of the official deposition and resignation caused by the emergency of SARS in 2003 marked the beginning of the administrative impeachment practices of China. Afterwards the local legal document and policies were put in place one by another, The administrative impeachment guarantee system of China have begun to take shape. As a result, the administrative impeachment of China produced good consequences, such as the abolishing the old concept, increasing of governmental efficiency, disciplining official delinquency. However, there are bad consequences as well, for instance, the legal documents system is not integrated, the performance of the specialized impeachment agencies is weak, evaluation of the responsibility is difficulty of civil servants, and the pressure of the supervision of the impeachment is not adequate. The reason is the defect and imperfection of the administrative impeachment guarantee system on the following aspects, the concept of supervision on the accountability is not paid attention to, the guarantee of the legal system is not strengthened, the institutional arrangement of the specialized agencies is not rational, the mechanism of the evaluating responsibility is not concerted, the procedure guarantee system does not operate, the publication of information's mechanism on the administrative impeachment is not clear.The administrative impeachment guarantee system is the series of institutional arrangement of sustaining and restricting on the administrative impeachment subject's power by support of legal system, responsibility prescribing, procedure standard, and supervising accountability. Drawing on the experience of the example of the administrative impeachment guarantee system of China, that the impeachment guarantee system of Independent Commission Against Corruption (ICAC), the paper designs two dimensions of study direction, four aspects of problem solution on the system:the first dimension is to realize the effect of the administrative impeachment by establishing the guarantee system of the power and completing the civil servants' responsibility system. The second dimension is to prevent the abusing the power of the administrative impeachment by standard restriction on the power and coordinated supervision on the power.The paper is basically divided into four parts:The first part is the summary the theory of the administrative impeachment guarantee system, which defines the connotative meaning, the theoretical basis.The second part shows the achievements and the bad consequences of the administrative impeachment guarantee system of China, and analyze the reasons of bad consequences resulted from the administrative impeachment guarantee system:including the problems of the impeachment supervising and legal guarantee system, the institutional arrangement of the specialized agencies, the mechanism of the evaluating responsibility, the procedure guarantee system, the publication of information's mechanism on the administrative impeachment.The third part represents the administrative impeachment system of the ICAC and its inspiration. The legal regulations and internal rules are used for regularizing the behavior of the ICAC. Independent power and material support is used for exercising the functions and powers. Social guarantee of the consultative committee, the public and the media supervises the behavior of the impeachment.The fourth part is the main part of the thesis which designs the frame of the administrative impeachment guarantee system. It expounds the views that the details of the two dimensions and four aspects of the administrative impeachment guarantee system.