A Jurisprudential Analysis Of Taking The Blame And Resign

In Western countries, the resignation of government officials was retained as a political practice of the law, no written regulations and requirements. the development and reform of taking the blame and resignation in China can be divided into three stages : the first stage is in the beginning of the civil service system, mainly for leading cadres, and the causes of the resignation are mainly due to negligence and dereliction of duty, ordinary performance, violation of regulations on honesty and self-discipline, and made"extremely inconsistent with the behavior of leading cadres"; The second stage is because of the major and serious accidents. The characteristic of this period is the increasing amount of various regulatory documents, which are mostly non-standardized documents. The regulations are primarily made by the party, government and the judiciary. These normative documents were used with different standards and different boundaries. The third stage is after the"PRC Civil Servant Law"was putting in force. Resignation was put into a formal legal document. Ordered resignation is a measure to guarantee for the smooth implementation of the mandatory measures.In Chinese Dictionary, among"taking the blame and resign"the word"taking"has nine meanings, which does not include"Because."This word means"put on oneself", means voluntarily request to take on the responsibility because there was some serious accident or a serious loss of out of some illegal or improper acts of the subordinates, and then feel guilty, thus blame on himself, and then requested the release of their duties. If it is their own fault, they do not need to take the blame. It is very different from the resignation because of one's own fault. Take the blame and resign quoted in the"blame"is not of one's own fault, but some of their staff's fault or the occurrence of major accidents which cause serious consequences. One needs to bear the political responsibility rather than legal liability. According to Professor Jian - Miao Hu, this responsibility has the characteristic of"unfounded relation"and"objective facts", which reveals the essence of the political responsibility. Political responsibility refers to that"political officials are responsible for make the policy which conforms to public opinion and promote its implementation. They are to be blamed or punished if they did not fulfill the duties and responsibilities". First, political responsibility is a role responsibility, the taker is the executive of the public power, in most cases the political officials, elected or appointed in a certain period; Secondly, this responsibility is related."The act of the political officer must conform to the identity of the general principal."It accords with republicanism logically for the related feature of the political responsibility taken by those who take blame and resign. In the political history of mankind,"Republican"goes contrast with the monarchy as a political system. There are three criteria for the ideal Republicanism: public, commune, and peace. That concept emphasis the government is for the people, which mean that the government work for the benefit of the public, and to make peace for the political problems. When there is a serious accident or incident happened to damage the interests of the people, they have the right to give the"voice"of political legitimacy. On the one hand, People use peaceful means to express dissatisfaction with the exercise of political power, thus avoiding the use of violence as a means of overthrowing the rule, leading to social unrest. The above reflects the idea of peace. On the other hand, constitutional democratic system was also designed to prevent the existence of irresponsible political authority. The leaders take the blame and resign, the Republicans are in line with the requirements. In this thesis, the author argued that it can not be make clear by law in view of whether the political responsibility and legal liability should be made clear by law, or how to evaluate the consequences or who shall be the one to execute the punishment. Because the meaning of the law and regulation is to maintain peace for the society and protect the weaker party, but on this matter, there is no inequality, or right protections. Instead, it is embodied in the inequality between relations with the Authority. Moreover, strict liability has the support of an insurance system. Once to take the blame and resign starts seeking the establishment of the so-called"insurance system."who should take a political responsibility finds escape, then the political power becomes limitless, which makes the ideal of Lawful society pursued by mankind become a bubble.Originally, to take the blame and resign in the Western countries as a political practice is conducted in the systems of constitutional democracy, the party system of checks and balances and separation of powers under the evolving environment. China currently has not formed the practice of taking the blame and resign, and is far from as stable and mature as the Western countries. The conditions can form such practice can not happen naturally in a long process of social evolution spontaneous. Therefore it is necessary to institutionalize the system of the rules and laws in the limited time to accelerate the relevant conditions, and make it standardized and systematic. China always had a powerful system of government, so it is a rational systematization choice to use the local resources in the political campaign to promote the institutionalization of the resignation the resignation. In this thesis, the author analyses the logic of the resignation from the point of view of Republican. The author also reasons the relationship between resignation and legally management of the state affairs in the angle of the constitutional law background. The thesis gives the ways to realize the resignation of taking blame by providing reasonable progress design and well maintained social atmospheres on the basis of pessimistic political ethic value—mankind has evil nature. The institution of taking blame to resign is only one side of the socialism legal construction and on the other side, the realization of this system may be an impetus.