The Research On Improving Regional Chief Executive Challenge System Of China

Chief executive regional challenge system as a legal system that points to thecivil servants who as certain leadership in the certain level governments, mustundertake domicile, and shall not evade in origin positions. Chief executive regionalchallenge system is an effective method to prevent civil servants corruption. It is theconcrete embodiment of natural justice theory, Prognostic exclude theory and People’ssovereignty theory. And it also is indispensable legal protection to construct a legalstate. With the development of society, chief executive regional challenge systemappears many problems. In legislation，The original legislation concept need toimprove. Legal rules have conflict ion. There are omissions in related substantive.The rules about procedure must consummate. In mechanism operation, a part ofexecutive staffs have low quality. Supporting systems for mechanism operation arenot perfection. Effective supervision Lacks. In responsibility, administrativeresponsibility mechanism is not effective. The burden of providing evidence is notreasonable. Constraint mechanism flaws. Administrative supervisory enforcement andCriminal Justice are not harmonious. There are many reasons for these problems. Themain reasons have the long time influence from Confucianism, the constraint ofhuman society, reality troubles from mingling the party and country, unreasonablepolicy guidance and insufficient study about related legal theories. Improving ourChief executive regional challenge system must do a lot of efforts. In legislation, wemust change the legislative ideas, establish the system that can public all situationsabout the candidates, Supple legislative body provisions, Improve legislativeprocedure rules. In the implementation, we must improve the quality of civil servants,connection with the relevant supporting system, strengthening supervision mechanism.In accountability mechanisms, we must strengthen administrative responsibilitymechanism, for example, perfecting responsibility of procedures and forms, allocatingthe burden of providing evidence reasonably, establish rigid constraint mechanismand augment relief mechanism for civil servants. The last we should coherenceadministrative supervisory enforcement and Criminal Justice.