Administrative Accountability And The Rule Of Law Of The Inquiry

Practice of administrative accountability can be traced back to 1979, "Bohai sea No.2 " foundered accident. Then Comrade Song Zhenming, the Oil Minister was request to discharge its duties. Administrative accountability come into public view and developed gradually when "SARS" epidemic spread in 2003. Administrative accountability is not absolutely an expedient measure, but an important system which could improve the credibility of the government and administrative efficiency. The system construction of administrative accountability continues to follow up in the exploration and practice in recent years. Because of the fuzzy of system positioning and theory researching, the trend of administrative accountability is not clear. However, in view of the practice effect from the administrative accountability and the public reflect, legalization of administrative accountability, as a long-term mechanism, is the general trend and what people want.On the basis of tracking trends of the practice of administrative accountability and concerning about the reform of administrative accountability theory, this thesis means to review and think the system for positioning and the theory soil of administrative accountability from the perspective of administrative law subjects, and then, the thesis lay the foundation and explore the developing direction of administrative accountability. Around these themes, the thesis discusses basic principles, legal properties, status of the legal system, system bottlenecks, path of legalization of administrative accountability. Beginning with the concept of administrative accountability, the first part of the thesis puts forward narrow concept of administrative accountability, according to system in our country. It can help to clarify the status of chaos of current concept of the academic definition of administrative accountability in different disciplines.With unique perspective of administrative law, the second part uses the basic theory of administrative law to analysis the legal property of administrative accountability, which is a major highlight and innovation of this article. Clearing the legal property of administrative accountability helps to correctly guide the construction of administrative accountability system and is an important part of the feasibility study about the executive accountability legislation.The third part systematically analyzes norms and regulations of different levels, including law, local laws and regulations, party documents, the specific law of accountability, and then teases out the origins of the administrative accountability system, which reflects the historical process of the construction of the administrative accountability system. This part also tracks and analyzes the new trends of the department of administrative accountability, in which the theoretical analysis of illegal land accountability is another bright spot of this article.Combined with the rule of law in the current administrative accountability, the fourth part analyses the practical problems encountered in the bottleneck of the development of administrative accountability, in connection with the current problems encountered in practice of administrative accountability, and discusses the deep-seated reasons, aimed to put forward feasible measures.Setting aside the academic issues and recommendations which are separated from the current reality of our country ,the fifth part puts forward feasible solutions to problems encountered above, which ,as a result ,provides the path of legislative choices for the administrative accountability Legislation.