Research On The Legal Liability System Of Chinese Government

Since the implementation of the rule of law in China, and understanding of the concept of the rule of law deeply, citizens are no longer confined to the surface of the rule of law. The rule of law requires equality in the law, no one has the privileged besides government, and the existence of the premise of the government also requires acting in the law. though the Government had violated the law, it also must bear the responsibility. Because it is the commission and the agent relation between the people and the Government. The Government's power was given by the people; the Government's aim is to achieve the functions of government and its responsibilities arising from the government' work. When the government only consists in the Constitution, it can exercise real power; only be faithful to its need to implement the law, it is legal. On the contrary, National will is all is legal only if it presents. In this sense, speeding up the pace of building of responsible government was clearly put forward in the Chinese "Eleventh Five-Year Plan". To fully implement the philosophy of the rule of law, and the concept of administration by law was put forward in the area of the public power, administration by law emphasis on administrative, balance and responsibility of the executive administration. Strengthening the government's responsibility is the key to the implementation of administration by law, which require the conversion from the civic duty-based and the government authority-based to the civil rights-based and government accountability-based, from the unlimited power of government to a limited power of the government, from govern the civic and action by law, to the administering officer and the power. Thus, in theory the research the responsibility of the Government has a historical necessity and urgency. But the paper is only research the legal responsibility of the Government.The first part focuses on the discussion on Differentiation and Analysis of the liability from the responsible government of the basic concepts and basic theory and practical necessity. The first is the basic concepts, including the responsibility of the Government's legal responsibility, liability, and responsible government, government responsibility and discuss the practical significance that they establish government liabilities. The second is the basic theory. There are many theoretical foundations for building the responsible government, but this article should be addressed only from the legal point of view, and the establishment of legal liability from the government was supported from a perspective of the rule of law.It is the manifestation of the role of building of the responsibility of government from the West to China's "rule by law" concept of the narrative, Because we have already mentioned the theory of legal responsibility to establish a government, the necessary of the reality of building it should be addressed finally.The second part analyzes their experience of the Government of Western countries to build legal responsibility and should discuss several aspects to be explored. The United States, Japan, Australia, France, and other countries have established the law, procedures and the corresponding safeguards of the legal responsibility of government with their own condition. From the legislative perspective, the legal supervision perspective, accountability perspective to analyze the experience of the West in this regard was accumulated and plays a certain role as reference for China to build a responsible government.The third part focus on the Chinese government encountered the problems in building the legal liability system and China's existing system deficiencies. The part Is divided into three specific areas:the lack of the development and implementation of legislation; monitoring mechanism was originally a whole, and it is a multi-party work together to fully play its role in the mechanism, while the uneven development of China's monitoring mechanisms; Finally, the legal responsibilities of the government loads on the administrative officials. Although China's civil service system draws on number good things of foreign, the lack of accountability makes building the responsibility of the government more difficult.The fourth part discusses the way of government law liability of government of the West and proposes appropriate countermeasures in the government liability legislation, supervision, civil servants, then perfect the legal liability system, and get certain Enlightenment for building a responsible government.