The Improvement Of The Theory Of The Administrative Accountability System

In countries under the rule of law, there must be responsibility when there is power, just as there must be relief when there are rights. The responsibility can act as a restriction to power. It is an invariable experience that power can easily be used. Along with power there comes dictatorship and corruption. Only with certain restrictions added to power, then the abuse of power can be restrained in a certain range and the initial authorized purposes can be achieved. Thus administrative accountability system emerges under demand.China’s modern administrative accountability system began during the SARS period in2003. Because of not exerting themselves combating SARS, a certain part of officials were punished of whom there were no lack of high-level officials. Due to the lack of institutional basis, that large-scale accountability rested only on the political level. In March on2004, the State Council printed and distributed The Outline of Fully Advancing Administration according to Law which put emphasis on establishing responsible government. The notion of constructing a country under the rule of law and responsible government was written in the government work repot. Along with the enforcement of the government’s sense of responsibility and the debut of relevant laws and regulations, administrative accountability system is transforming progressively from political accountability to institution accountability towards an orbit of standardization and legalization.As a new way of constructing limitation on government and responsible government, administrative accountability system has alarmed the bell for the power holders and law-executors and played the role of impetus in the aspect of arousing their sense of responsibility as people’s public servants. However, administrative accountability system started late in China and it is not mature in system design, thus many problems have emerged in practice. So it is the research emphasis and difficult point that how to perfect this system by means of law in order to make it move toward the way of legalization and institutionalization. The paper discusses about the basic problems of our administration accountability system with the empirical analysis, the literature analysis, and the value analysis. Then it analyzes the main problems of our administration accountability system. On this basis, it puts forward the measures of perfecting our administration accountability.This article is divided into a total of five parts:The first part is introduction.The second part mainly gives an overview of the basic theoretic issues of the administration accountability system, which is the foundation of studying the administration accountability. It involves the concept of the administration accountability system, the constituent elements and the basic principle, clears the administration accountability system the basic structure. It clarifies the basic structure of the administration accountability system.The third part introduces the development and current situation of our administration accountability system. Firstly, it elaborates the development course of our administration accountability system in detail, including the party and national leaders’understanding to the responsibility and the establishment of the administration accountability system in our country. Secondly, it elaborates the legislation and implementation status of the administration accountability system. Through these explorations and practices, we make a clear understanding to our administration accountability system development.The fourth part and the fifth part is the emphasis of this paper. The fourth part discusses about the problems in the implementation of the administration accountability system, consisting of several major topics as follows:the existing laws and regulations is scattered and their effectiveness levels are low; the current legal system of administration accountability system is confused; administration accountability mechanism is not sound and so on. Thus, the development of the administration accountability system is hindered and the principal effect is not brought into play.The fifth part is to perfect the administration accountability system in our country. The author puts forward the following specific perfecting measures:first, we should formulate the unified administration accountability law and remove the unreasonable system of administration accountability which someone may be looked into, but can not comply with any administration accountability law. Second, we will further expand the scope of the administration accountability, and standardize the accountability way. Third, we should actively promote foreign accountability efforts. Fourth, we should standardize the mechanism of accountability official’s return. Fifth, we need promote administration accountability supporting system construction. Sixth, we will optimize the administration accountability culture.Peroration:Retrospect the purpose and contents of writing. It hopes that our administration accountability system develops into the direction of legalization and rationalization.