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The Law-Economics Analysis On Administration Accountability System

Posted on:2012-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q N CengFull Text:PDF
GTID:2216330338466132Subject:Constitution and Administrative Law
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In this thesis the author combined the economic analysis of law with the traditional way of administrative law research, so that it would be helpful to the theory of administration accountability. By using the economic analysis method, we could re-explain the content of the administration accountability system and find another way to elaborate the usage of it. The practice of the administration accountability system contains the economies effects. On the one hand, the administration accountability system could be seen as a kind of public product in the market of the administrative law. The function of this product is designed to make sure that the government would take responsibility of its administrative behavior and carry out the public interests. Different varieties of administrative organization become the promoter of this product. In the meanwhile, the public play the role of the consumer in this social interaction. On the other hand, under the condition of our socialist market economy, the administration accountability system is not only the conditioning way of social contradiction but also a kind of creation method for social wealth. It can promote the economic development and develop a law action in the same time. From the point of view of the economic analysis of law, we can find out three aspects of the character of the administration accountability system on economies. The concrete contents is as follows. First of all, the legal industry in our country is dominated by a few monopolizes. Secondly, the administration accountability system could be seen as a kind of public product in the market of the administrative law produced by the government. The third point is that the people taking part in the process of the administration accoutability are rational and have the tendency to look after their personal interests. The last but not least, the crux of the administration accountability system is the reduction of trade cost during the process of the system. Through the viewing of the economic analysis of law, their is a reasonable way of designing one administration accountability system with Maneuverability. In the beginning of this procedure, what we must do is recognize the social background of this system running in. After that we also have to consider about the limit of the social resource. It determines how much cost we can use to design a effective system to control the administration behavior. During this course the author believes that the most significant problem is how to control the trade cost. For the purpose of controlling,the author designed five sorts of dimension to figure the cost of administration accountability system. These are the five--the range of the participant, the range of participating, the level of the institutionalization, the process-based evaluation and the results-based evaluation, the punishment mechanism and the rule following mechanism. In conclusion, the author claimed that The object of administration accountability institution design is to set up one system. By this system we can fulfill the justice of our community and the raise of the economy. Through this whole process of administration accountability, the rational maximizers use the cost-benefit theory to measure their own interests. And they choose different kind of the parameter to design the administration accountability institution. In one word, the legal and economy analysis of the administration accountability system can lead us a way to the legal equilibrium.
Keywords/Search Tags:Administration
PDF Full Text Request
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