A Probe Into The Accreditation System Of Civil Servants Administrative Responsibility In China

Before2000years, Aristotle had suggested that "the rule of law is superior to one parson’s treat", and that "the rule of law should include a double meaning:the established law has been generally obeyed, and the law we obey should be a good law itself". Ancient Chinese thinkers had proposed the concept "rule of law". Limited to the historical limitation, the law was just one tool for the Emperor to control officials urging them to better safeguard the feudal autocratic rule. Nowadays, the concept "rule of law, the construction of socialist rule of law" and related requirements have been included in the Constitution of our nation. However,"country ruled by law" is not just a slogan put forward or to be achieved overnight, but a difficult and complex long course. History and reality have proved that rule of law, whose ideology and practice has mutual restraint, mutual promotion and mutually reinforcing links. Only when the quest for the legal thought and theory is tireless, can human beings truly realize rule of law in accordance with the law and rule. The accreditation system of civil servants’administrative responsibility is important part of the rule of law in China, whose status and value is self-evident, worthy of our attention and inquiry.In this paper, combined with theory and practice of accreditation system of civil servants’administrative responsibility in China, it is pointed out that the establishment of the civil servants’system of administrative responsibility finds the administrative development of the rule of law in China. China is in the transition period to the modern society under the rule of law, all levels of government need to put forward practical solutions for a variety of social conflicts and contradictions, and actively perform their duties, conscientiously carry out administrative activities. However, there are many deficiencies in the construction of the accreditation system of civil servants’administrative responsibility in China. For this reason, the article analyzes the problems about the reality of China’s civil servants in research, such as " the administrative responsibility identified lacks unified standards ", uncertain responsibility causes it difficult to determine the main body responsibility "," the phenomenon of ’washing responsibility’exists in the course of determining administrative responsibility "," the main body responsibility for the right to relief is in lack of security system ", etc. Accordingly, the author proposes suggestions such as " to formulate unified measures for certifying civil servants" administrative responsibility"," to guarantee responsibility—identifying program to be enforced legally"," to perfect and strengthen the supervision of accreditation system of civil servants’administrative responsibility"," to improve the right relief norms of the main body responsibility" to solve the problems.The article also discusses the following aspects. First, define the scope of the administrative responsibility identified of civil servants’in China. Unlawful acts, the administrative responsibility of the main violations chaos as the administration unreasonable as well as the administrative omission, inaction, and the weak administration and so on should be all included in the area identified by the civil servants’administrative responsibility. Second, elaborate the relationship between the civil servants’administrative responsibility—identifying system and the administrative accountability system. It is held that on one hand, they could be seen as the relationship between substantive law and procedural law. On the other hand, they can be regarded as the relationship between the whole and part as well. Third, in building the program of civil servants’administrative responsibility identified, we should establish and improve the " five stages of identifying model ", which includes such stages as " starting the program, examining the preliminary, investigating the substance, reviewing the identification and implementing feedback ". Fourth, drawing on the basis of our audit system and audit practice, the paper argues that we combine the economic responsibility audit, exit audit of civil servants’and project audit of civil servants’during employment as one standard of performing assessment indicators. Fifth, it is suggested we should ensure the protection of their legitimate right to relief when being identified their administrative responsibility, and the article also gives some proposals.In short, the article analyzes the problems via the representation of the identifying system, development status of the existing civil servants’administrative responsibility, and tries to make solutions available for reference, in order to improve the accreditation system of China’s civil servants’administrative responsibility.