Administrative Accountability Of Relief Mechanism

In 2003, the "executive accountability" concept was put on China's political arena for the first time because of "SARS" event. Thus, the land of China set off a huge wave of accountability, and the concept of Responsibility-oriented government and Service-oriented government was gradually become the aim of China political and administrative reform. However, from the five or six years of the implementation of administrative accountability system and a number of consecutive events, we can find that Chinese accountability system is not sound. In particular, the administrative accountability relief mechanism is not only in lack of in-depth study in academic field, but also in lack of operational examples in practice area. So the phenomena that the interests of accountable officials are unprotected or accountable officials are promoted illegally often occur.This article compares and analyzes the civil rights of security system in Britain, the United States, France, Japan and other countries. For the many problems of China's administrative accountability relief mechanism, combined with the development and the present situation of China's administrative accountability relief mechanisms, some proposals are finally put forward to perfect the administrative accountability relief mechanism. This article is divided into 5 parts.Part 1 mainly describes the meanings of relief and administrative accountability, as well as the relationships between relief mechanisms and administrative accountability. Firstly, the "relief" is defined from the general and legal significance, and is divided into two ways that are administrative remedy and judicial remedy. Then integrated domestic academic points on "executive accountability", the paper put forward its own views. As an integral part of the administrative accountability, the relief mechanism plays a crucial role in the equity and efficiency of the administrative accountability.Part 2 discusses civil officials'rights relief systems in the United Kingdom, the United States, France, Japan and other foreign countries respectively. As an important national civil service system, civil officials' rights remedy systems are included administrative relief and judicial relief with different degrees, which is of great significance to China's current civil officials'rights relief system as reference.Part 3 sets out the development of China administrative accountability relief mechanism. By analyzing the laws and regulations promulgated by the central and local government related to administrative remedies, the article notes that our officials can handle appeal and accuse to seek administrative relief, but the law is flawed; and the judicial process is still in lack. Part 4 analyze the difficulties faced by relief mechanism in the implementation of China's administrative accountability. These difficulties are as follows:the lack of statutory and unity of laws and regulations; authorities and responsibilities of officials are unclear; government administrative information disclosure is not complete; the lack of the culture of accountability; the absence of the oversight mechanism of accountability relief, and so on.Part 5 has put forward suggestions on improving administrative accountability relief mechanism. A sound administrative accountability relief mechanism should be contained that are a sound legislation, defining clearly the relationships between rights and responsibilities, improving the disclosure of government's information; creating a culture of administrative accountability; the establishment of multi-dimensional accountability relief supervision...