Research On The Remedy System Of The Accountability Of Officials

The accountability of officials system is an integral part of the administrativeaccountability system, and plays an important role in the process of building a governmentunder the rule of law and responsible government. All legal system need an advanced remedysystem, the accountability of officials system is no exception, consummate the remedy systemcould improve the accountability of officials system, but due to late start, short developingtime, there are many problems of remedy system of accountability of officials system, and atthis stage, few studies involved in the remedy system of the accountability of officials, andthey are vague, the remedy system of the accountability of officials have a need for furtherstudy, this is the goal of this paper. At beginning, this article defines the connotation of theremedy system of the accountability of officials, secondly, analyses the value of the existenceof this system from the right aspect and power aspect, then studies the existing legaldocuments to review the status of the system, and learn from the related legal system offoreign country which under the rule of law, lastly, according to the problems of the existingsystem, combined with the advanced experience of foreign related legal system, this articleputs forward ideas to improve the remedy system of the accountability of officials. The bodyof this article is divided into five parts are discussed:The first part is the connotation of the remedy system of the accountability of officials.In this part, through meticulously clarify the background as the accountability of officialssystem and the core as the remedy system, clear the meaning of the remedy system of theaccountability of officials: after be punished by the administrative accountability authority,the official refused to accept the results of accountability, then appeals to review the originaladministrative accountability punishment in order to protect their legitimate rights.The second part is the analysis of the value of the existence of the remedy system of theaccountability of officials. In this part, the values of the remedy system of the accountabilityof officials are elaborated: protecting the legitimate rights and regulating the power ofaccountability. The protecting the legitimate rights are discussed the right to be remedied fromthe broad and narrow. The regulating the power of accountability are discussed from threepoints: the acts of administrative accountability mechanism for correcting errors, to avoid theadministrative accountability authority to arbitrary abuse of power; to increase theacceptability of the results of administrative accountability; promoting administrative accountability powers of rational and administrative accountability to the exercise of powereffectively.The third part is based on the legislative status as a starting point to analyze the existingsystem. This part of through the literature of five representative legal documents such as“Civil Service Law”, review the remedy applicable need to be clear, the civil service appealssystem need to be improved, and remedy means to be rich.The fourth part is a study of the foreign relevant legal system. In this part, the Frenchcivil service disciplinary remedy system, the British civil service remedy system, theAmerican civil service remedy system are described, and the conclusion is in the above threecountry under the rule of law, judicial remedy and the remedy of civil service appealscommon run the "two-track remedy system."The fifth part is the advices of improvement of the remedy system of the accountabilityof officials. In this part, definitude of remedy applicable is discoursed, and discusses theimprovement of the existing civil service remedy system and procedures as well as addingjudicial remedy in order to improve the means of the remedy system of the accountability ofofficials, through clear remedy applicable and enrich remedy channels, so that improve theexisting system.