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Study On Various Responsibility Types In The Accountability System Of Government Officials

Posted on:2012-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:J JiaFull Text:PDF
GTID:2166330332997689Subject:Legal theory
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Accountability system of government officials is an important institution within the political and administrative domain in our country. As "accountability system of government officials", it is a normative institution which means investigating the responsibilities through certain procedure of the government officials, who has not fulfill their responsibilities or has not fulfill their responsibilities very well, to force them undertaking political responsibility, legal responsibility and moral responsibility by accepting the condemnation, punishment and so on. However, at present our country accountability system of government officials' legislative domain as well as the fundamental research domain has the problem that it confuse responsibility types in reality. Such problem of accountability system of government officials has caused in we either evading responsibility types to fuzzy accountability, either not differentiating the responsibility types to willful accountability. These two tendency will cause in the accountability system of government officials becoming a mere formality because of lacking normative and feasible responsibility content. It is well known, each responsibility types must have the specific potency scope. And every responsibility types' potency scope is defined by it's accountability subject, responsibility subject, accountability principle, ways of undertaking responsibility, accountability system characteristics and so on. To solve such legislative and practical problem in the accountability system of government officials, it need to study each responsibility type's accountability subject, responsibility subject, accountability principle, ways of undertaking responsibility and accountability system characteristics through theory stratification plane. Thus standard each responsibility type potency scope to improvement and perfect the accountability system of government officials.By "role-social rules" theory, the accountability system of government officials' responsibility types may differentiate for political responsibility, legal responsibility as well as moral responsibility three predominant types. And political responsibility's accountability subject is all levels of organ of power--all levels of National People's Congress in our country. Political responsibility's responsibility subject are all levels of the government's component members. Political responsibility's evaluation criterion adopts institutional justice as it's evaluation criteria, which belongs to substantive rationality domain. Political responsibility's ways of undertaking responsibility include accepting condemnation, reducing confidence level, losing ruling qualifications and so on. Political responsibility's accountability system characteristics include accountability procedure governed by law and political responsibility's jointing character. Legal responsibility mainly includes internal administrative legal responsibility and criminal liability, and accountability system of government officials focuses on internal administrative legal responsibility. Internal administrative legal responsibility's accountability subject includes administrative organs at various levels and levels of administrative supervision organs. Internal administrative legal responsibility's responsibility subject includes officials of administrative organs. Internal administrative legal responsibility's principles of imputation adopts principle of faults presumption in official duties. Internal administrative legal responsibility's ways of undertaking responsibility are our country's statutory administrative sanctions. Internal administrative legal responsibility's accountability system characteristic is classifying the government officials who holding leading post and the ordinary government officials during investigating internal administrative legal responsibility. Moral responsibility's accountability subject includes government officials themselves and external accountability institutions. Moral responsibility's responsibility subject includes all officials of administrative organs. Moral responsibility's accountability principle adopts subjective faults accountability principle. Moral responsibility's ways of undertaking responsibility include resigning over charges, apology, accepting the condemnation and so on. Moral responsibility's accountability system characteristic is organic connecting of moral responsibility and legal responsibility. Through establishing high rank, special and unify accountability law, we will clearly define accountability subject and various of responsibility types, and we will scientifically and detailedly stipulate various responsibilities'accountability subject, responsibility subject, accountability principle, ways of undertaking responsibility and accountability system characteristics in the legislation to provide systemic, normative and scientific responsibility basis for building accountability system of government officials' system "nets"...
Keywords/Search Tags:Accountability System of Government Officials, Political Responsibility, Legal Responsibility, Moral Responsibility
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