The Research On Government Regulators Administrative Liability

In order to have a regulatory body, for clues to the development, this paper have a research on regulatory reform and how to identify and pursue their legal responsibility to carry out a comparative. The first part of the thesis expounded on the basic theory of regulatory bodies; the second part of a more detailed presentation on the foreign regulatory authority checks and balances; in the third part of our general analysis of government regulatory agencies and regulatory bodies of the executive liability issues; The final part of the paper on how to improve our government regulators administrative liability issue a complete thought.The article elaborated on the first part of the regulatory body's basic theory. First of all, the definition of supervision for a more comprehensive analysis of the dictionary-carding, and then we determine what level the use of the concept and design of the system; This was followed by the government to define the regulatory agencies of the government regulatory bodies refers to a certain degree of independence, in accordance with the law through the development of standards related to the market's main economic activity, as well as its economic activities and accompanied by social norms and issues of control and penetration Have quasi-judicial administrative procedures to implement these standards and the development of the administration; Once again into the government and regulators have a raison, the government is monitoring the market adjusted to solve the problem of market failure means necessary; last discussed the government's regulatory body formed idea of building a government regulatory agencies, should insist on independence And accountability can be equal emphasis on the basic concept.The second part of the article, a more detailed presentation on the foreign regulatory authority checks and balances, which is introduced by foreign governments, is how to hold the Government to monitor the executive body of legal liability. Government through legislative, executive and judicial organs of the three, the government regulatory body checks and balances, accountability can become a regulator of channels. First introduced to the legislature's control of government regulators, through the legislative control, budget control, personnel control, through the investigative power of regulatory bodies, as well as control of the legislature, to achieve the Government's regulatory body checks and balances; Second, introduced the chief administrator of the government regulatory bodies, the chief administrator of the impact of major related to the chief administrator of the regulatory bodies have the right to appoint a member of the executive the right to indirectly affect the regulator's policy, as well as the chief administrator there are many opportunities for Informal communication in three areas to achieve the government's regulatory body checks and balances; Finally, the Government introduced the judicial oversight of regulatory agencies, if the parties to the regulatory authorities against the ruling, the court may request judicial review, the court based on the judicial review process to review its decision with due process of law to protect the rights and interests of citizens. Although the specific judicial review of the system is different, but "as a judicial review of regulatory agencies to prevent abuse of power and safeguard the interests of the public last line of defense" has long been a consensus among all countries.The third article is part of the general analysis of our supervision of government agencies and regulatory bodies in the executive liability issues. First of all, of our government regulatory agencies as well as the status of existing problems, from the "owners" to "state supervision" to build an independent, objective, fair and transparent regulatory system, the socialist market economic system is not only an important component of Part of the international economic integration is an inevitable trend. Of course, China's development will also move closer to the trend. In fact, since 1978, China began to "state supervision" of the transition. 30 years of reform and opening up, China's economic relations between the Government and major changes, from a comprehensive economic gradually withdraw from the rule, giving way to the market, the government's economic functions of the shift from direct control of the market supervision. Although China's government-related industries to set up regulatory bodies, our government's regulatory agencies are on the existence of the qualitative and independence of both problems. At present, most of China's regulators is the nature of the administration, but because of China's economic system reform and reform of the administrative system of the urgency of the situation, most of the regulatory bodies in the establishment or restructuring of the time when it is not thought-through the legislative process, and based on the specific authorization The State Department is "San-ding program." At present, the establishment of "San-ding" and the legislature to determine the course of the separation of the legislative process is an obvious feature of institutions and legal separation, as the institutions and legal separation, so that the relevant agencies involved in regulation time after the establishment of a lack of legal basis. The independence of regulatory bodies is the core features of its competition in the market as neutral a necessary requirement for defenders. Chinese government regulators widespread lack of independence of the problem, a low-level, personnel and non-independent sources of funding, lack of professionals and government supervisor-in-one on the issue, and so on. The second part of the problem through "Sanlu formula" proposed by the incident and analysis, lead to government regulators administrative liability issues, the regulatory administrative liability that is itself part of the executive responsibility for the kind of administrative responsibility Carried out the analysis, the last on China's administrative responsibilities supervisory bodies of the status quo.The last part of the article on how to improve our government regulators administrative liability issues a complete thought. This article holds that the Chinese Government to improve the regulatory authority of the administrative liability issues, first of all need to reform the institution itself, it can only be good institutional design and build in order to further improve its oversight. Government regulators and improve the administrative liability, the best course of action is to implement government accountability. This section from the main regulator of the Government Reform and accountability on both sides to improve our government regulators administrative liability issues and set out to explore. Government regulators in China there is insufficient basis for legislation, institutions and legal separation, the lack of independence and so on, the light of these regulatory agencies of the government reform. With the tide of history and the requirements of the times, it is necessary to establish a government to overcome the default of accountability and safeguards, most of which is the core of government accountability. First of all, the responsibility of government resolves the concept of accountability. Construction of the Government as a result of the accountability system is based on the authorization of the government arising from the latter must assume the responsibility system for the corresponding legal responsibility and moral logic of the government and its officials conduct a system of moral norms and the inevitable demand. Government to build a comprehensive accountability system, stressed that government departments, especially in today's market played a significant role in monitoring the government's regulatory responsibility is imperative. Finally, an analysis is on how to build a government accountability system, how to hold government regulators administrative liability. From the legislative level to build a complete system of government supervision, that the leaders of administrative responsibility and sound public information system in three areas to achieve a system of accountability of government regulators.