A Study On Comparative Law Of The Administrative Accountability System

The administrative accountability system is that the particularaccountability subject supervises the administrative authority exercisedby the administrative organization and its staff, and pursues theresponsibility of the administrative behaviour by mistake. Basing on theprinciple of 'responsible government', it can carry out efficiently theestablishment of the responsible government, prevent the power fromcorrupting and guarantee the public interests against loss or make theminimal loss, whose finally purpose is point to promise the governmentsystem's normal operation. The administrative accountability system cannot equal in brief to the government's administrative self-disciplinemechanism, also differs from the mechanism of the responsibility pursueand of the resignation for the blame. According to studying thecomparison in the administrative accountability system between theChinese and Western and drawing lessons from the Western civilizationachievements made by law, this text will be able to perfect the shortage ofour state's present administrative accountability system in order to begood for our responsible government's constructions.The whole passage can be divided into five parts:The first part analyses the administrative accountability system'sconnotations,cultural backgrounds and the jurisprudence theory bases.The text deduces the administrative accountability system's concept andconnotations by the introduce of the accountability system's concept, andthen analyses the Chinese and Western administrative accountability'scultural backgrounds in view of the history aspect, and makes thecomparison in the jurisprudence theory bases between the Chinese andWestern accountability system.The second part compares the subjects,the objects and the scopesbetween the Chinese and Western accountability system. The Western: the accountability subjects are all at the order place, emphasizing in thedifferent accountability; the assignments of the government's power andresponsibility are clear, which explicit the accountability object; theaccountability's scopes are definite and extensive. Our stateadministrative accountability system's: at present, the sameaccountability's overflow, but the different accountability's absence andshortage; the assignments of the power and responsibility's confuse; theobjects' unclearness; and the accountability scopes' narrow andambiguity.The third part makes the comparison in methods and proceduresbetween the Chinese and Western administrative accountability. Thedifferent accountability subjects accord with the differences in methodsand procedures. Because of the long history of the Western proceduresruled by law the accountability procedure system is so complete andperfect; on the contrary, it is our state that is a country for lack of theadministrative accountability procedures, which emphasizes thesubstance bodies but neglects the procedures.The fourth part also compares the methods in the responsibilityundertaking between the above two. These methods embody theresponsibility system, and include the politic,the administration,the lawand the moral responsibility. the objects between the Chinese andWestern accountability system have the different methods in theresponsibility undertaking.According to making the comparisons in the administrativeaccountability system between the Chinese and Western, the fifth partdraws a conclusion that taking the specific measures to perfect andimprove our state's administrative accountability system.