On The Legal Regulation Of Administrative Accountability Subject

On March 5,2006, premier Wen Jiabao said:"we will establish the administration accountability system, and improve the execution and credibility." in the government work report on the fourth session of thetenth National People's Congress. This shows that the concept of "accountable government" will be fully implement in construction of in China legal liability.According to the relation between subjects and accountability fromthe scientific principle or theory, the subject can be divided into thread accountability and allograft accountability. Thread accountability means of accountability to the administrative person in administrative system or party members and cadres in ruling system. Allograft accountability means that accountability subject in not belongs to the administrative system or ruling system of accountability. In our country,the main contents of allergenic accountability which is among constitutional subjects, including the government accounts to the NPC and its representatives, the ruling party and government accounts to democratic parties, the ruling party and government accounts to individual citizens, the ruling party and government the ruling party and governmentaccounts to news media, the ruling party and government account to thecourt.Because the legal system of executive accountability in our country does not have enough content on accountability subject legal regulation, the mode of accountability subject is single. At present, the executive accountability subject is the single-subject accountability. Although it has characters of positivity, unity, initiatives, and usualness, accountability subjects can not enforce their rights completely due to the lackness of content in the legal system of executive accountability. Departments often shelter each other because of mutual benefit and harbor, and the effectiveness of accountability allows discount.To complete executive accountability system should expand the scope ofaccountability subject and define it in the form of law clearly. The main point is making the supervision of accountability subject which isout of executive system in the scope of government accountability, in order to increase maneuverability and effectiveness of accountability subject. The executive accountability subject should belong to allograft accountability; otherwise, administrative accountability system will be flaccid. Change "officials accounting" to "accounting the officials" is the key of turning single-subject accountability to allograftaccountability.At the same time of making the public the accountability subject, we should strengthen the authority accountability of the NPC, the effective accountability of judicial organs, the Public opinion accountability of Medias. Premier Wen Jiabao has promised in front of the NPC deputy and commissary of the CPPCC: Governments at all levels should consciously accept the supervision of the NPC and its standing committee, the democratic supervision committee, and accept media and public supervision. The supervision Premier Wen Jiabao stressed belongs to generalized concept allograft accountability, not only supervise but also need to investigate responsibility. This has fully showed the government attaches great importance to the construction of accountability subject, strive to build multivariate administration accountability system of law, and make accountability subject to play the roleof supervision and inspection and punishment.This paper contains following parts:The first chapter is introduction, which introduces the aim, significance, research trend and method of this research. The second chapter briefly introduces main theories on legal regulation of executive accountability subject. With accountability connotation, theoretical basis, practical significance, classification of accountability subject and principles of legal regulation of accountability subject included. Mainly introduces three main classification methods of accountability subject and legal principles to regulate accountability subject. The third chapter introduces the embarrassing situation on legal regulationof executive accountability subject, and analyzes the reasons, prepares theories to solve the problem of accountability subject. The fourthchapter basically introduces main extraterritorial legal regulation of executive accountability subject and the significance to our country. Then find distance through the analysis of the main foreign accountability. The fifth chapter is the key part pf this paper. Mainly analyzesthe diversification of legal regulation of executive accountability subject. The accountability legal regulation of internal single-subject is the core, including government accountability, specialized organ accountability and ruling party accountability, and the accountabilitylegal regulation of external allograft accountability is the key, including the National People's Congress's accountability, judicial organsaccountability, democratic parties accountability, and efficient mediaaccountability, people accountability.