The Research On Administrative Accountability System

Responsible government is an inevitable trend of the development of modern democracy and legal state.It is a necessary foundation to realize a clean and efficient government,and is the target selection of contemporary Chinese government administrative reform as well.The administrative accountability system is part of democracy politics,and is a means to realize a responsible government.Following the above context,the whole paper is totally divided into five parts:Partâ… elaborates the concept of administrative accountability in overseas academic world which is divided into broad sense and narrow sense categories.Looking from the category of broad sense,as a kind of universal social relations form, "accountability exists in many social environments and social relations",which is regarded as the general accountability;apprehending from the narrow sense category, "accountability is usually related to the public administration together,deemed as a kind of administration structure and management style",which is regarded as the administration accountability.Moreover,there are also two different understandings about it:the first is the accountability system of the general public asking to the government;the second is the accountability system of the administrative system asking to their officials.On this foundation,I adduce my own standpoint:administrative accountability should include consubstantial accountability and variant accountability.In addition to the above-mentioned accountability system of the public asking to the government, the variant accountability should also involve the system of the rectitudo organs (People's Congresses at various levels),judicial organs(the procurator organs of all levels),democracy party groupings and mass media asking to the government.The administrative accountability should not be limited to the administrative officials of function departments,departments directly under the state council,auxiliary branches, the concrete staffs equally requires to undertake corresponding responsibilities according to the laws.Then the paper generalizes the sources of the following ten kinds of administrative accountabilities:ratification,apology,notification and criticism,rehabilitating reputations and smoothing impact,repealing transgression, righting inappropriate,stopping illegal doings,restoration,administrative atones, administrative compensations,administrative sanctions,etc.At the end of this part,it analyses the principle of the power corresponding to the responsibility,the principle of equality and the principle of undertaking responsibility in accordance with law in the process of administrative accountability.Partâ…¡explains the importance of complete implementation of administrative accountability to the official rectification in administration.However,to implement administrative accountability needs to solid its theoretical foundation further more.It is the theory of rule by law,the theory of democratic politics.Rule by law is opposite to rule by man.Oxford Law Dictionary summarizes its contents as follows:"In any law system,the content of rule by law is:the limitation to legislative;protective measures against abuse of authority;obtaining many equal opportunities of law advices,assistance and protection;the legal protection of rights and freedom belonging to individuals and communities;equalization in front of law." The center that the rule by law emphasizes is administration according to law.That is to regard the law as the tool of ruling society.In this sense,the government equally needs observing the law.That is to put all the government actions in the frame of law and the source of its power,circulation and action are all under the yoke of law. Otherwise,they should also bear the responsibility.The theory of democratic politics proves that the operation of administrative accountability is a response to the request of the age and is an inevitable choice of pushing and guaranteeing the public directly participate in the public administration. In the process of human practice,direct democracy once appeared.That is the citizens enjoying political rectitudo directly exercise the sovereign power,making the public power possessor and exerciser unified together,without the coexistence of the public power consigns and clientage.Therefore on this senses,the direct democracy has no political responsibility system and no corresponding notion of political responsibility, cither. Partâ…¢recommends that the administrative accountability first appeared in Western society who had a profound democracy and rule by law tradition.Through accumulation and precipitation of years,many developed capitalist countries have already established relatively complete administrative accountability modes.On the other hand,Hong Kong region also began to perform officials' accountability system in 2002.In the end of this part,the paper analyses the successful experience of Western developed countries and the result of Hong Kong's officials accountability system operations.Partâ…£analyses the construction status of administrative accountability system in China,pointing out that none construction of any system comes into being all at once. In the process of implementation of this system,it also causes many problems in both central and local governments,such as mixing up their rights and responsibilities, lacking of corresponding independence and authority in the special supervision organs, the vacancy of People's Congress's accountability mechanism,the imperfection of law and regulations and the vacancy of information public mechanism.Partâ…¤tries to explore the administrative accountability system in our country and adduces that it is a high point of Chinese political reform.Without sound system guarantee and supporting measures,administrative accountability system will probably be distorted or transformed.As a result,this paper puts forwards several measures to improve the system and means to solve the problems from the following aspects respectively:to perfect the administrative accountability legislation;to build the supervision mechanism of administrative accountability,to improve supporting system to administrative accountability,etc.