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Research On Administrative Accountability System

Posted on:2008-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y S ChenFull Text:PDF
GTID:2166360215452550Subject:Law
Abstract/Summary:PDF Full Text Request
In China, Administrative Accountability System (hereafter referred to as"AAS") is a new subject. It began at the breakout of"SARS"in 2003. Two senior officials, who were former Health Minister Zhang Wenkang and Beijing City Mayor Meng Xuenong, and other officials had been punished because of concealing the epidemic or lack of prevention and control. This was the first time in the history of new China that officials'accountability was to be pursued in such a short time and such large scale for the same issue. This was considered setting a precedent for the AAS in China. Subsequently, a series of administrative accountability measures and the promulgations of the relevant local rules and regulations, marks the AAS begin to path on institutionalized track from the very extraordinary times.The AAS has great significance for China's government construction. Therefore, it deserves deeply research and discussion both in theory and in practice. For this reason, on the basis of the connotations and theories analysis of the AAS, this paper combines theory with the actual social phenomenon to discuss the Western developed countries and China's Hong Kong Region officials'accountability system development. It hopes to search paths and provide some valuable suggestions for the AAS improvement and enhancement by learning from the successful experience of the accountability system in the Western countries and China's Hong Kong Region. What's more important is, taking this topic as research subject can evoke more thoughts and obtain more valuable research achievements. Specifically, the logic and structures of this paper is as follows:Chapter I is divided into three sections. It outlines the AAS from the connotation, basic theory and necessity of the AAS separately.Section I explains the connotation of the AAS. It expounds on the concept and composition of the AAS. The AAS is essentially an accountability mechanism, but it is not the matter of"accountability system"or that the defect must be punished, but there are important education and prevention functions. As a system, the AAS itself is a complete system, including accountability object, accountability subjects and accountability scope, etc. We must master it in whole, and then understand its connotation profoundly.Section II presents the basic theory of the AAS. Full implementation of the AAS needs to further consolidate its theoretical foundation. Current interpretation of the theory mainly includes People's Sovereignty theory, Principal-agent theory and Transaction Cost theory.Section III addresses the necessity for the AAS creation. Full implementation of the AAS is the need of improving the principle of powers in administration; the need of transforming government functions and creating responsible government; the need of purging officials and optimizing the civil service; the need of breaking with traditional official principles and creating new accountability culture; the need of speeding up the administrative internationalization and aligning itself with the international practices.Chapter II was divided into two sections, and discussed the Western developed countries and China's Hong Kong Region officials'accountability system development.Section I discusses the development of the Western developed countries, such as the United States, Britain, France and Germany, etc. Through concrete examples of these developed countries, it shows that there are comprehensive accountability forms, multiple accountability subjects, extensive accountability scope, transparency governments that ensure citizens right to know and standard accountability procedures. These are worthy of our reference.Section II discusses development of China's Hong Kong Region officials'accountability system. After brief description of the background and reasons for the officials'accountability system, it analyses the effectiveness and the inadequate of the officials'accountability system. These can be the example of the accountability system on the mainland.Chapter III discusses the status and the main problems of the AAS in our country.Section I discusses the achievements that obtained by the AAS in our country. It mainly shows that the accountability strengthening to enhance the image of the party and government; accountability systems are being introduced and obtained by people.Section II presents the development trend of China's AAS. Now it seems obvious that there are four main trends: from the"power accountability"to the"system accountability"; from"punish defect"to"punish inactiveness"; from accident accountability to conventional accountability; from the minority concern to the public, the media attention changes.Section III discusses the main problems that existed in the AAS in our country. First, the accountability subjects are not clear. It mainly lacks the accountability of the National People's Congress, and also lacks the public and media accountability. Second, the object and scope of accountability is blurred, accountability standards are too much flexible. Third, the accountability procedure is imperfect, some are not operable. Fourth, the accountability legal system is not sound and lacks enforcement capability protection. Fifth, the accountability culture is lagging and the accountability sense is not strong enough.Chapter IV is the focus of this paper,which is divided into two sections. It proposes the measures of improving the AAS with both culture and system aspects. Through rigid system and flexible culture, the AAS of our country will be more and more perfect.Section I proposes to build new accountability culture that suited to Chinese AAS from the perspective of cultural construction. The main measures are creating the accountability culture that serving people and being responsible for citizen people, the culture that encouraging citizen participation, the culture that attaching perfect relief system and moral self-discipline of administrative accountability.Section II focuses on system construction of Chinese AAS. First, it is necessary to perfect laws and regulations, improve the legal system for the accountability system. The specific contents include standardizing accountability subjects and power, accountability object and clear obligation, setting accountability standard and procedures, establishing and perfecting the related supporting legal system. Second, it is to strengthen accountability of the National People's Congress at the core and realize multiple accountability subjects. The former is the key. Specific measures are strengthening the supervision of the National People's Congress for the power system, improving the procedures for accountability provisions and the National People's Congress internal aspects. Then the other is to strengthen the judiciary and public accountability and realize accountability subjects' diversity. Third, we will perfect the accountability procedures, to enhance the political effectiveness of the accountability system. Fourth, opening up the administrative information to the public and establishing a sunshine government.In addition, at the time of ensuring the stability of the system, we must also ensure that the systems are in step with the times. Moreover, a series of projecting problems in the field of current political, economic, cultural in our country also need accountability system and accountability strengthening. Meanwhile, we should pay attention to learn from the Western countries and China's Hong Kong Region Officials'Accountability System.
Keywords/Search Tags:Administrative
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