Study On The Justice Of The Procedure Of Administrative Accountability Under Marxism

“ To make power and responsibility well defined and to make a supervisory mechanism ” is the precondition for developing a harmony and responsible government. The administrative accountability, which was founded after the incident of SARS, have become a part of the content of the foundation of the harmony and responsible government in China. In recent years, The administrative accountability was been carrying out in such as Changsha, Nanjing and some other cities in China. It had great influence and high level of sequencing. And the government had paid more attention to it’s democracy in practice. However, problems had been found in the procedure, such as the lack of clarity, neutrality, and procedural justice.In this article, under the guidance of the theory of Marxism, the writer analysis the meaning of administrative accountability first, and emphasize that administrative accountability should be the mechanism that produced because of the negative responsibility that produced after administrative staff and the government haven’t finished the active responsibility. This kind of mechanism have the characteristic of mandatory, commitment and public. The most important part of the procedure of administrative accountability is the operated system. Only procedural justice, which is the foundation of the validity of administrative accountability, could show the real justice. After a brief conclusion of Marxism jurisprudence, the writer hold the view that administrative accountability should be consist of institutional justice, value justice, and personal justice. On the base of these theory, the article talk about procedural justice first, then talk about the lack of clarity, neutrality, and procedural justice. These are all because the constraint of history and culture, the participation of people, and the lack of procedural mechanism. Finally, the writer offer three main proposal to get the ideal condition of procedural justice: Firstly, model the procedural justice conception under the guidance of the constitution, which is the fundamental charter and be useful in completing other mechanism. Secondly, strengthen the public participation, which is under the guidance of democracy. Thirdly, to make procedural justice feasible, which means structure relationships with trigger, participant,coordinate, consult, restrict and make it public.