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On The Establishment Of A Unified System Of Administrative Accountability

Posted on:2011-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ZhengFull Text:PDF
GTID:2166360305495384Subject:Constitution and Administrative Law
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In the early 21st century, administrative accountability began into public view. After "SARS" of 2003, China began to speed up the central and local administration to promote the institutionalization of accountability. Although the construction of administrative accountability system is for all to see in recent year, it is undeniable that our theoretical research in the administrative accountability system and its practice is still long way to go. Administrative accountability system to monitor and punish bad administration, protect the legitimate rights and interests of citizens is important. This article analyzes the construction of administrative accountability system from the basic idea of unity, and learns from foreign administrative accountability system, then proposes to build a unified administration in our system of accountability. This paper is divided into introduction, body and conclusion most.This paper can be divided into four parts, in accordance with the logical sequence of putting forward the questions, analyzing the questions and solving the questions. The author systematically analyzes and studies the legal issues on the unified system of administrative accountability and then gives some suggestions on how to perfect the current system.The first part is the basic theory of the unified system of accountability. First, the paper begins with the concept of administrative accountability and domestic and foreign scholars on the definition of administrative accountability and makes it clear that unified concept of administrative accountability system, and understood from six side; Second, clarify the unity of the four characteristics of the administrative accountability system, that is unity, mandatory, allergenic, and whole nature; Third, to analyze the unified value system of administrative accountability, and promotes unity of the legal system, a sound administrative accountability system, and strengthen the concept of responsible government. The second part is the basis of establishing a unified theoretical. First, the legal system as a unified theory of the basic principles of rule of law, administrative accountability is also necessary to achieve uniformity; Second, the democratic theory. The democratic political principles expound in the control of a harmonized system of administrative accountability embodied in democracy theory; Third, the principal-agent theory. The Analysis reflects a unified system of executive accountability between citizens and government principal-agent relationship. Finally, the responsible government theory. Administrative accountability system is actually a system of accountability; accountability is the government's responsibility.The third part is extra-territorial unity of the administrative accountability system of inspection. First, it introduces the unity of the contents of the administrative accountability system of the world's major countries. It expounds respectively from the authority of accountability, judicial accountability and internal accountability of the government; Second, basing on the administrative accountability system in these countries, analyzes their characteristics and provides the reference building for the unification of administrative accountability system.The fourth part is the reality of Investigation of establishing a unified administrative accountability system. First, this part arranges our existing system of administrative accountability system in order, while pointing out the current system of administrative accountability of the major drawbacks, such as the absence of allergenic accountability, the main accountability unclear, accountability reasons unknown; Second, by analyzing the importance of a unified legal system and the lack of local administrative accountability, it is necessary for us to build the unified system of administrative accountability; Finally, pointing out the establishment of a unified system of executive accountability favorable conditions, innovative ways in local administrative accountability and extra-territorial integrity, maturity of administrative accountability. The fifth part is to construction the unified system of executive accountability. The former fourth part of the content explained the major drawbacks of administrative accountability system in China. Take advantage of the first and second part of the explanation of the basic theory, drawing the third part of the extraterritorial provisions of administrative accountability, and propose specifically the building of unified system of administrative accountability system in two major elements. Firstly, this part put forwards clearly a unified concept of administrative accountability system, such as the power constraints of power, rights monitoring powers and the executive power of legal norms; Secondly, it proposes and explains respectively unified system of executive accountability built elements in five areas, such as the main administrative accountability, the object of administrative accountability, the case of administrative accountability, the procedure of administrative accountability and the relief of administrative accountability.To sum up, the unified system of administrative accountability system in China should be constructed under the guidance of some relevant theoretical basis of the administrative law and the civil law. Meanwhile, we should make clear the registration nature and take into account the current administration system and also consider our national conditions. Only in this way can we set up a unified system of administrative accountability system of strong feasibility, precise registration ability to guarantee the rights.
Keywords/Search Tags:the administrative accountability, the system, the unity, the construction concept
PDF Full Text Request
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