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China's System Of Administrative Accountability

Posted on:2011-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:H C YuFull Text:PDF
GTID:2166360305465336Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative accountability system is the government's illegal or improper behavior and its consequences accountability system. According to the Constitution and laws, government and civil servants must take should it (they) assume the responsibility, and can be divided into moral responsibility, political responsibility and legal liability; the same time, the responsibility for ensuring the implementation, the Government must also accept the internal and external oversight. Administrative accountability system, mainly by the subject of accountability, accountability of the object, the scope of accountability, accountability, relief, accountability, oversight and accountability back the basic elements of composition. China's administrative accountability system formed in 2003, "SARS" incident, according to statistics, close by the end of 2009, including the provincial and ministerial level cadres have been over a thousand government officials, major security incidents since the "leadership responsibility" and subject to administrative accountability. However, the accountability of the phenomenon of "Paul handsome Diuju" phenomenon makes the accountability system in the recent, some officials are quietly return after the events of accountability has also aroused wide public questions. In a sense, with the implementation of the accountability system, enhanced sense of responsibility of officials, media and public awareness is also increasing level of supervision, but because of the accountability system in China started relatively late, there are still many need to be perfected.This article first three cases reflect the merits of its analysis of legal issues:a discussion of the accountability of the main case and the relief system is imperfect, the absence of problems, case 2 shall not discuss in detail the object of accountabilityand accountability to the narrow question, Case 3 discusses the absence of accountability and oversight officials to be accountable back issues of non-normal. The second part is reflected in the case of the legal analysis of legal issues:First, the main accountability, including accountability and with the body of allogeneic accountability, the current should be special attention to the role of allogeneic accountability; Second, in relief of accountability, the strengthening of administrative relief and convergence of judicial relief, to be held accountable civil servants have the right methods and procedures set by law to seek help in order to safeguard their rights; third is held accountable in the object should follow the same principle of responsibility; Fourth, the scope of accountability to be widened; Fifth, should the introduction of judicial supervision, democratic supervision and by the news media, so that the accountability process under supervision; six are government officials should back through open, transparent process, to protect the public's right to know. The third part is the above-mentioned case law on the construction of the revelation of accountability:the case for the law reflected the problems and legal analysis, the establishment of administrative accountability of rule of law's recommendation that the subject of accountability through the specification and power, clear accountability objects and their responsibilities, broadening the scope of accountability, establish and improve the accountability of relief and return mechanism, the implementation of monitoring mechanisms to build the administrative accountability of rule of law.
Keywords/Search Tags:accountability of the main, accountability object, the scope of accountability, accountability and supervise
PDF Full Text Request
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