The Study On Issues Of Administrative Accountability Ruled By Law In China

Establishing and improving the administrative accountability system, is the inevitable requirement of'state affairs according to law and constructing the socialist country ruled by law', also inherent meanings of'the administration according to law'. It is of great theoretical and practical significance in promoting the construction of responsible government, forming administrative power, improving administrative efficiency and so on. Since the "administrative accountability" proposed officially, theories and practices about it have arisen in our country. On one hand, thousands of related theoretical literatures have been published as well as national and local theme seminars have been held for many times producing great scientific achievements. On the other hand, the central, especially local governments have been accelerating the pace of special legislation.However, while highly appreciating achievements we've got, the author also noticed that our recognition about the administrative accountability, a new system in China, is so naive. Related studies often begin from the perspective of administration, management, political science. At the same time, researchers and legislators are too much focused on institutional and legal construction to improve our administrative accountability from'a storm'to'a normal', but they ignore that institutionalization or legalization does not totally equal to'ruling by law', and researches about how to making administrative accountability ruled by law are scarce.Therefore, the author tries to re-examine the administration accountability system from legal perspective. The study on issues of administrative accountability ruled by law in China is supposed to explore a natural developing course of the administrative accountability,'a storm—a institutionalization (legalization)—ruling by law'. The author views construction of administrative accountability ruled by law as a organic-cycle-system striving to theory itself perfect and unified., and expound by steps according to this course,'perfecting the law system—regulating the performance—cultivating the culture',The author began with basic theory problems, pointing out corresponding solutions and suggestions to recent situation and shortages in our administrative accountability depending on valuable experiences of foreign related legislation and practices. Finally, come to such a conclusion—the dynamic process of administrative accountability ruled by law gathered legislation, enforcement and cherisher. It is the perfect law system and efficient execution especially profound cultural heritage and positive social atmosphere, that make administrative accountability be ruled by law together. All above, in the author's eyes, looks like a big tree—regulations were the trunk, enforcement were the roots and culture were the soil. They three supplement each other, can say to be short even one cannot.While insisting in the common opinions, the author also held some innovative views on the basis of reading related literatures fully for reference. Firstly, in the part of introduction to the theory of administrative accountability, through analyzing the definition and legal basis, creatively expounded itself five features, that is people-original, legal, diversity, procedural and systematic. Meanwhile, combined with the theme of'rule by law'to reveal differences between the system itself and being ruled by law. And then from three aspects of the system, the execution and the culture, put forward this study's special significance respectively, such as benefits to perfecting the system design to promoting it from'a new system'to'a good system', to regulating the enforcement for actual play of its own effect, also to cultivating the culture and purification of its living space to enhance the'soft power'for developing. Secondly, in the part of forming execution, suggested that some errors be found and corrected in time by self-check and the public through establishing the evaluation and feedback mechanism so as to improve quality of the administrative accountability for actual play of its own effect. Thirdly, about cultivating the culture, pointed out directive function of ascending research level.Defects unavoidably exist because of the author's limited capability. Some creative views, which is presented first, is not thorough enough and still need to be perfected on the base of others'suggestions.