How To Improve The Administration System Of Accountability For Leadership

Since 2003 "SARS", China set off an "accountability" tide, more and more administration officials (I think a more appropriate title should be "a leader in administration" or "Chief Executives") be held accountable. However, long-term lack of administrative accountability standardized and scientific, also greatly reduced its effectiveness.Not long ago, Premier Wen Jiabao at the new central government first announced the Independent Commission on the work of the Conference: "Accelerating the implementation of the Chief Executive to focus on the accountability of the administration and performance management system. Administration should not act as arbitrary and severe damage to the interests of the masses, etc. acts as a focus on accountability. on to the national interest, public interest and civil cause serious harm to the legitimate rights and interests, we must be held accountable in accordance with the law. "Premier Wen Jiabao at the new central government shortly before the first working meeting of the Independent Commission Against announced April 2 at the "main points of the State Council in 2008" in the administration is also ranked one of the accountability system.Therefore, the leader in improving the administration to study the accountability system has a major theoretical and practical significance.Part one, Leaders administration and administration leaders said liability. The focus of this part of the "Leaders administration" and "administration leadership responsibility" to carry out the necessary definitions to clarify the practice of vague and incorrect knowledge.This article holds that the "executive leadership" of their governments at all levels should be limited in scope as section-level leadership positions in the civil service, as well as the People's Government at all levels in positions of leadership in the Department of Civil Service, and not included in the various government departments as institutions civil service leadership positions."Leaders are responsible for administration" should include: civil, criminal, political and administrative responsibility, in that the duty should be based on the nature of the act to determine the responsibility of different forms, at the same time, some should not assume the duty and responsibility to avoid other.The second part, the executive leader of the accountability system theoretical basis. "Administration the rule of law" principle, "the theory of popular sovereignty" and "the powers and responsibilities of the same" principle makes administration system of accountability for leaders with a profound theoretical basis. The third part, the existing system of accountability for the major problems exist. At the current accountability system that the standard of duty, the scope of the aspects of accountability must exist defects in the construction of the rule of law for the Government, the administration realize the rule of law is very unfavorable. Existing standards that are not in practice result in unity: the question is not the responsibility of the source of objective truth, such as unfounded the drawbacks jointly and severally liable. The accountability system of accountability for the narrow, accountability is generally limited to the scope of accountability "has been. "Lack of accountability of the regulatory procedures, transparency, accountability based on the process of accountability, accountability was not open, open the prevalence of narrow scope, the public and be held subject to participate in the protection of rights are not effective. The main aspects of accountability, the practice of the National People's Congress held an important role in the main its not really a reflection of the lack of accountability at the same time variant, administrative and supervisory organs of the special status of existing accountability system at the main aspects of accountability there is a great deficiency. Be held at the principal's right to relief, relief agencies lack the independence and authority of enforcement not enough relief, relief procedures are imperfect, lack of judicial relief, such as system administration is not conducive to the protection of the legitimate rights of the leader.The fourth part, how to improving the administration to explore leadership accountability system. First of all, the basis for accountability is not unity, lack of scientific, normative, such as the actual situation, can and should consider and learn from foreign experience to develop a unified national "leader accountability Administration Law" or at the level of administrative regulations on the development of "executive Ordinance leader accountability. " At the same time, this paper argues that accountability should be defined in accordance with the standards for the acts of duty, regardless of administration on subjective leaders are intentional or negligent, as long as the administrative leader of the relevant laws and regulations to implement the provisions in advance of the act of breach of statutory duty, resulting in the corresponding results , he should assume the responsibility of the administration.Secondly, this paper argues that accountability should be reasonable to expand the scope of who will lead the "inaction", "incompetent", and so the scope of duty into the hold, while at the course held strictly implement the "principle of openness," "the principle of participation" to protect the public and be held in the main right to know, participate, to defend the right to hold the main power of the effective supervision of the operation. Again, this paper argues that the country can learn from Western Europe, "Parliamentary Ombudsman system" set up with Chinese characteristics, "the National People's Congress ombudsman" system and "the National People's Congress Ombudsman" system to build their own ideas put forward. At the same time, for the administrative supervision organs of embarrassment, the paper put forward to strengthen and improve the role of administration and supervision organs of the proposal. Finally, be held for the rights of the main relief from both aspects of this paper, the analysis and demonstration, including how to improve the administration of relief and set up relief, including judicial relief for a wide range of methods consider.