On The Perfection Of Administrative Accountability Legislation In China

The modern administrative accountability system in china started late, it has not formed a comprehensive system, nor an authoritative and effective administrative accountability law. In practice, our country and many regions have issued a series of administrative accountability standards, it can be said to promote the establishment and development of administrative accountability system to a certain extent, and to play a significant positive role in accountability. However, it still has a lot of disadvantages. there are a lot of flaws in legislative system and content of administrative accountability. From the legislative system, Administrative accountability provisions are of lower rank, the lack of authority; the specific content of the provisions are not uniform, local accountability provisions are of confusion and even conflict with the central relevant regulations; In the specific content of the provisions on administrative accountability, the body of the accountability and its powers is not specific, the objects are unclear, the responsibility is not comprehensive, and the procedure is not standard. Legislative defects administrative accountability seriously affected the effective expansion of accountability, a lack of effective legal protection, administrative accountability is difficult to really institutionalized and the rule of law.In this Articles, the conceptual analysis the administrative accountability system is first, after that clarify the connotation of administrative accountability, analyze the legislative status of the administrative accountability system based on the current specification, to find out defects in administrative accountability legislation, on this basis, proposed the proposal to further improve. This thesis consists of four parts, namely the first chapter, Chapter Ⅱ, Chapter Ⅲ, and the conclusion.The first chapter describes the concepts of administrative accountability theory. At first, administrative accountability are defined as:administrative accountability system is that the particular subject of accountability monitor and review the performances of public servants of responsibilities and obligations to fulfill or incorrect duties, and ask them to bear the negative consequences of the normative legal system. Administrative accountability system consists of five basic elements, namely accountability subject, accountability object, accountability scope, accountability procedures, and accountability results. The basic theory of administrative accountability introduces the theory of popular sovereignty, authority control theory and the theory of responsible government. This paper aims to outline the basic theoretical framework of administrative accountability, so that we have a comprehensive and thorough understanding to administrative accountability.The second chapter analyzes the current situation of administrative accountability legislation. The first part describes the development process of the administrative accountability system in our country. SARS in 2003 sets off a prelude to China’s administrative accountability, after that, the central and local have begun to enter the exploration period of administrative accountability. Norms from Local accountability many complex, highly non-uniform. In 2009,the central government introduced the "Interim Measure for administrative accountability," and it becomes the most authoritative basis of administrative accountability. The second part is the important sections of this paper, the main analysis of administrative accountability flaws in the legislation, including the legislative system and legislative content, one by one analysis. At present, China has not yet formed a complete legal system of administrative accountability, but also from the existing norms, the content of the norms exist need to be improved.The third chapter focuses on analyzing and proposing legislative proposal to improve the administrative accountability legislation. For the administrative accountability system in a standardized way, we must take the law as the guide, and formulate a unified national administrative accountability law as soon as possible, which will be the only way out of the woods of the current administrative accountability. At first, the chapter define the basic principles of administrative accountability, such as the unity of rights and liability, the accountability based on law, responsibility by the individual and the appropriateness of faults and punishment must be observed. Secondly, according to the defect of current legislation, proposing several recommendations with practical significance base on the six elements.The writer hopes that through this article exploration, attempts to change the law in the past without the embarrassment of accountability, to achieve a certain degree of true administrative accountability. This will has a positive effect and significance on both for the promotion of democracy and social progress, or the construction of responsible government, and better for the people in charge.