Research On The Legalization Of Accountability System Of Administration In China

The accountability system of administration comes from the modern west and is the outcome from party and parliament system. Now it is a complete operational system and jurisprudence through a long time. The accountability system of administration aims at supervising and restricting administrative behaviors of administrative subjects. As a result, it promotes development of social legalization at a certain extent. HongKong has established the accountability system of administration in 2002, which is effective in raising officials'responsibility, entertaining the public demands and constructing efficient and responsible government. However, in China, the accountability system of administration began from the SARS period, and then is spread all over the country. With the accountability system of administration being popularized, many scholars began extensive research on it. It has become the focus of circles of politics, administration, management and law. It is very meaningful for establishing responsible government, transparent government and law-ruling government. The accountability legal system of administration in China has changed form non-legal system.The accountability system of administration in China is in elementary stage and it has much faultiness in practice. Most scholars only do theoretical analysis and comprehensive suggestion instead of feasible system design. As we know, the legal system is core of all system. The key to the accountability system of administration is the construction of the legal system. But, the accountability legal system of administration in China is distempered. Therefore, The author uses the theoretic way of administrative law to research the accountability legal system of administration in China, in order to consolidate the system and legalize the system.The thesis will analyze with the definition, comparison and combination of theory and practice. First, it analyzes the basic concept and theoretical bases. Second, it analyzes the importance and obstacles in legalization of the system. Then, it summarizes useful experience from HongKong and western countries. Finally, it puts up with advice to perfect and reconstruct the system in our country.It has four pats in this paper.The first part: analysis on basic idea of the accountability system of administration. Accountability and Responsibility, the Accountability System and Administrative Accountability System, legalization of Administrative Accountability System. And comparison between the system and similar concepts.The second part: theoretical base of the accountability system of administration. The constitutional foundation of the system is theories on social contract ,theories of the sovereign right of people, and the administrative law foundation of the system is the principle of power restraint.The third part: about the importance in legalization of the system. It discusses the importance and pressure of the system from four aspects:constructing responsible government, raising the quality of civil servant, fighting against the administration does not be, establishing new"official-quitting"system and fastening internationalization of administration. it analyze the feasibility of the system from the current system, reality and practical experience, then it summarizes useful experience of Honkong and western countries.At last :it discusses the construction of the legalization of the accountability system of administration in our country. First, it is about the obstacles of the accountability system of administration. According to the existing problem in our system, we should perfect it. Hopefully it can provide reference for our country. Also it analyzes the precondition of legalization. The author advises the government to enacted a law named as"The Accountability System of Administration Law". the author suggests establish the interrelated law and system.