Study On The Lifelong Accountability System Of Major Decisions

In the party's eighteen Fourth Plenary Session, " The Chinese Communist Party Central Committee's Decision on a number of important issues in relation to comprehensively implementing governing the country by law "(hereinafter referred to as the "Decision") requires to "establish the Lifelong Accountability System of Major Decisions "(hereinafter referred to as "the Lifelong Accountability System").The Decision has great significance for building a rule of law government, responsible government and the responsibility for the legalization of administrative decisions. It is crucial to reasonably construct the Lifelong Accountability System to ensure it is effective. Although this is the first official presentation of the Lifelong Accountability System from the Party Central Committee, but in the legislation and practice, there are many provinces has been establishing and implementing the Accountability System of Major Administrative Decisions(hereinafter referred to as "the Accountability System") through the development of local government regulations or normative documents. Therefore, the construction of the Lifelong Accountability System and the Accountability System are inseparable.This paper uses the legal theory as a guide and systematically uses the legal and standardized research methods, comparative research methods, empirical analysis and other academic research methods to synthetically dissertate the Lifelong Accountability System. This article contains four parts: the origin and development of the Lifelong Accountability System,the basic elements, the practical difficulties,the construction of paths and other issues.The first part of this article clarifies the origin and development of the Lifelong Accountability System on the basis of the history of the Administrative Accountability System and summarizes the characteristics of the development of the Lifelong Accountability System and the necessity of the implementation of the Lifelong Accountability System in the present environment. This part divides the origin and development of the Administrative Accountability System into four stages from the cases and regulations and clarifies the relationship of the Lifelong Accountability System, the Administrative Accountability System and the Accountability System in order to lay the foundation for the below discussion.The second part of this article discusses the basic elements of the Lifelong Accountability System. The Lifelong Accountability System contains four basic elements, including the purview of major decisions, the lifelong accountability and the essence, the principle of accountability, the prescription. This section focuses on the key concepts of " major decisions " and "lifelong".The third part of this article analyzes practical difficulties of the Lifelong Accountability System. Based on the legislative texts and practical experience of the Accountability System, this section analyzes five practical difficulties of the Lifelong Accountability System, including the legal system is not perfect, the regulations are not unified, the accountability body is single, the objects of responsibility are not clear and the lack of procedures.The last part of this paper makes recommendations for reasonably constructing the Lifelong Accountability System. In order to solve the practical difficulties that described by the third part and ensure the Lifelong Accountability System plays actual effectiveness, this section combines the legislative texts and the useful experience and practices, proposing that we should improve the legal system, frame structures of the legal substance, establish legal procedures and improve the supporting mechanism.