A Study On The Fundamental Theories Of Accountability Legal System Of Administrative Leaders In China

During the period of SARS in the year 2003, hundreds of officials including two principle government officials were accounted for their absence of duties of preventing SARS. People pay attentions to the phenomenon of accounting the officials who did not performing their duties or performing duties unsuitable. Carrying out the accountability system, The Central Government shows the determination of constructing the accountability government and service government.However, the present study on accountability system is lack of systematicness and profoundness. Meanwhile, theoretical study of accountability system is separated from the practice and accountability system is usually studied from the perspective of science of administration and politics. Multi-discipline and multi-layered study is not sufficient. The essay studies the fundamental theories of administrative leaders' accountability legal system and gets effective achievements with the methods such as factual method, systematic analysis method and comparative analysis method from the perspective of jurisprudence.We specially discuss the content of the accountability government rule of law integrating with the theories of politics and science of administration, pointing that theory of accountability government is the theoretical foundation of administrative leaders' accountability legal system, and theory of accountability government guides the specific systems construction of administrative leaders' accountability legal system. The above study begins with the research of the concept of accountability government in source of law words.Then the scientific dissertation comprehensively defies the concept of administrative leaders' accountability legal system from the angle of object, forms, subjects, scope and procedure of the accountability system. The thesis considers that the administrative leaders' accountability legal system is a legal system that administrative leaders should be inspected, investigated and should endure liabilities for administrative sanction when they are contrary to the administrative responsibilities with the procedure of starting, determining, inducing and relieving by the administrative inner organizations.Simultaneously, we elaborate the main principles of administrative leaders' accountability legal system. They are the principle of the conformity of power and responsibility, the principle of equality and the principle of due process. Principle of opening, principle of justice and principle of participating constitute the principle of due process.Finally the thesis assures that liability for administrative sanction is the core liability of administrative leaders' accountability legal system. Moreover, the essay summarizes the concept, functions, doctrine of liability fixation, constitutive legal requirements and patterns of undertaking liability for administrative sanction. The essay shows the characteristics of liability for administrative sanction starting with the differences of liability for administrative sanction, liability for administrative compensation and liability for administrative disposal; We also elaborate the standard functions such as educating, guiding, judging, predicting and enforcing; At the same time, we point that principle of liability with wrongs is the doctrine of liability fixation of liability for administrative sanction, on which we study the constitutive requirements such as the subject, subjective, object and objective; At last, the thesis analyzes the sorts of administrative sanctions with the method of category analysis.The above study preliminarily shows the legal characteristics of administrative leaders' accountability legal system, summarizes and probes into the fundamental theories of administrative leaders' accountability legal system, the results are linked to the specific institutional practices and the achievements provide with the theoretical foundation of constructing administrative leaders' accountability legal system, during the process we propose some points of view to the construction of specific systems.There are three main creative points in our study:In the first, accountability government is assured as the theoretical foundation of administrative leaders' accountability legal system from the perspective of jurisprudence.Secondly, the concept and content of administrative leaders' accountability legal system is defied integrating with the achievements of the study on administrative accountability through science of administration and politics.Thirdly, liability for administrative sanction is located as the core liability of administrative leaders' accountability legal system and systematic study are made on the content, functions, doctrine of liability fixation, constitutive requirements and patterns of undertaking liability for administrative sanction.