On The Perfection Of The Civil Servant Responsibility Investigation System In China

With the progress of times, the country's continuous expansion of the administrative functions, a drastic expansion of executive power, covering all fields of social life, but also to the abuse of power provided greater possibility. It is very necessary that to ensure accountability the exercise of administrative powers, through to pursue the responsibility of the civil service. The national carrier to the civil service through the exercise of its executive power, therefore, the civil service as people living in the country to reflect all aspects of the executive power. The realization of state power depends on the exercise of the right or at least a serious impact, because of the civil service status of the special nature. In the course of their official duties, the civil service if acting strictly according to law, will not bear any responsibility. Instead, civil servants should bear corresponding responsibilities. This paper mainly from the Civil liability related concepts start with the different types of responsibility for the civil service, with the advanced Western countries and rich theoretical practice of the civil service accountability of the deficiencies in the system in order to improve the accountability of the civil service system based on how improving and perfecting the system of the civil service accountability proposals put forward their own point.The introduction of article included to the situation of the law about the system of the civil service. The article is divided into four chapters main. It introduced the responsibility and concept of civil servants. It introduced the definition of the responsibility of civil servants. In introducing the basic theory of the civil service, accountability of the civil service system was basically an overview of the civil service so that readers accountability system has basic knowledge. The article related the system defects of the civil servant responsibility to investigate. It depends on the realities of china. Finally, it related to the legislative proposals about the investigate system of the civil servant responsibilities. The first chapter of this paper related to the responsibilities of the civil service. Firstly, this paper related to the concept of civil servants. West and the combination of theory and practice in China, the paper will be "civil service" is defined as the civil service is by the state through legal means and procedures of appointment, and the central and local administrative organs at all levels in performing their national administrative functions, perform administrative duties, in the national administrative sequence of staff. Second on the responsibility defined. Responsibility mainly reflected in two aspects: First, the members of the community for a requirement that members of the society should have been a matter of legal obligation to agree with the use of the second is that it should not carry out things should be bear some consequences, the law can be expressed as "breach of the obligations of the consequences". Finally, responsibility of the civil servants on the basic concepts and characteristics and classification. Civil liability is that civil servants in the execution of their duties or job-related activities due to violation of the law, politics, discipline, morality and respect obligations or illegal, improper exercise of power, rights and should bear the adverse consequences. At the same time based on the source of the breach and the different means of adjustment, and the responsibility of civil servants will be divided into non-legal responsibility and liability two categories, which also include non-legal responsibility for political responsibility, discipline, responsibility and moral responsibility.The second chapter of this paper is the basic theory of civil servant accountability system. First, elaborate the basis of civil servant accountability system. The basis of Chinese accountability system of civil servants main from here areas, that is normative legal documents such as the Constitution, the administrative laws, regulations and rules. Second, discuss the principle of civil servant accountability system. When investigate for the responsibility of civil Servants, we should cling to four principles: the principle of statutory responsibility, the responsibility own principles, consistent with the principle of the objective and subjective, corrections and education combined principles. Third, discuss the way of take responsibility. Civil servants accountability means, including the ways of take legal responsibility and the commitment non-liability. The ways of take legal responsibility include how to take unconstitutional responsibility and how to take administrative responsibility. The commitment non-liability include the ways of take political responsibility, moral responsibility and disciplined responsibility. Fourth, express relief of the responsibility of the civil servants. Civil servants should be entitled to the relief rights, and relief channel. The last, civil servants' exemption responsibility. Main including the right to defence, the right to resistance and agreed exemption from responsibility. In this paper, the third chapter introduce the defects of Chinese civil servant accountability system. Chinese civil service accountability system is such a system, which built in with the Constitution as the basis, "Civil Law" as the core, supplemented with other laws. Mainly in the following defects: First, the legal accountability system is not sound. Civil liability including unconstitutional responsibility and administrative responsibility, there are obvious shortcomings in legislation and practice when investigate legal responsibility of civil servant. Second, the non-liability system is less than perfect. Law is not the only way to adjust people's lifestyle in society, so it will not only to investigate legal responsibility, but also political responsibility, disciplined responsibility and moral responsibility, so as to continuously improve civil servants' quality and the sense of responsibility.Third, the civil servants' accountability procedures are not complete. Chinese civil servant accountability system is short on procedures, what will be summarized into the start, investigation, enforcement and relief on the four areas to expound problems. Fourth, the strength of accountability is not strong enough. In the process of accountability, implementation is not strict, differences between right and duty is not clear, what has caused accountability implementation is not in place. Fifth, supervision and relief is not in place. Chinese civil servant accountability system is implemented mainly in the following three areas to monitor: First, within the administrative system of self-monitoring. Second, oversight from outside of authorities and the third is social supervision, but oversight bodies are not sound, and supervision measures are not effective, supervision result is not ideal. The relief of civil servant accountability can be divided into internal relief and external relief, as the relief measures and procedures were incomplete, relief may easily become a mere formality.The last chapter of this paper takes out some advises about how to perfect the civil servant responsibility investigation system. To overcome the problems existed in the civil servant responsibility investigation system, China should perfect the civil servant responsibility investigation system, clear regulations of actions, responsibility and accountability should be set. Firstly, perfect the civil servant responsibility investigation system. According to the status of the civil servant responsibility investigation, we can classify the duties into legal liability and non-legal liability but we could regulate the political responsibility, the discipline responsibility and the moral responsibility in a legal way to perfect the civil servant responsibility investigation system. Secondly, perfect procedures of the civil servant responsibility investigation system. By bringing the hearing in the procedure, the right for the civil servant will be considered to prevent the arbitrariness occurred in the responsibility investigation system. So the civil servant legitimate rights and interests will not be illegally fought against. Thirdly, the civil servant responsibility investigation relief system should be perfected. Perfections of the "Constitution" and "Civil Servant Law" will set rights of the relief for the civil servant responsibility investigation system. Perfect administrative relief system. Bring judicial remedies in the procedure. Perfect the procedure of the civil servant responsibility investigation relief. Finally, a completed the civil servant responsibility surveillance system will be perfected. Give a full play to the supervision function for the civil servant responsibility investigation system. And enhance the effect of the supervision which the prosecution institution takes. Also the inner-party and the democratic parties can implements the supervision function in an efficient way.