Research On Lifelong Accountability System For Major Administrative Decision-making

Responsibility is the essential element of law, the life of law. If there is no constraint on the responsibility, the rule of law can not really play its practical effect.Comprehensively promote the establishing and perfecting the administrative law system is one of the important objectives of the reform of our government put forward in recent years, the need to improve the decision-making and administrative accountability system as a guarantee, therefore, the administrative decision-making responsibility of theoretical research and practical exploration is Peng boom. In the fourth Plenary Session of the 18th CPC Central Committee as an opportunity to concern the problem of responsibility to major administrative decision-making by all walks of life again. At the meeting, it was put forward that establishing and perfecting the system of lifelong accountability for major administrative decisions, and how to carry out the system effectively and effectively has become an important subject to be studied in the academic circles.The history of administrative accountability system in our country has a long history,and the lifelong accountability system of administrative decision-making is the sub proposition under the administrative accountability system. Since the fourth Plenary Session of the 18th CPC Central Committee, many scholars have this system the necessity and feasibility of questioned. However,from a legal perspective,lays the theoretical foundation of people's sovereignty and responsibilities, the government responsibility theory for lifelong responsibility system; practical level, lifelong responsibility mechanism can effectively forced policymakers to correct decisions,cautious decision-making, to fundamentally prevent making mistakes happen. It can be seen that, from the perspective of legal basis and practical needs, it is reasonable and necessary to pursue the responsibility of major administrative decisions for life.However, through the analysis on the current status of legislation and implementation of the system of the inquiry, it is not difficult to find the major administrative decision-making lifelong responsibility system in the specific implementation process still exist many problems, including no accountability system to form a unified and standardized, legal need for lifelong responsibility of the definition of an unknown object, accountability, responsibility is difficult to determine the specific commitment limitation mode, responsibility and accountability of the program is not complete.Aiming at the existing problems, try to make the following countermeasures: establish and perfect the legal responsibility system for life support system, specifically to the relevant laws and regulations and formulate a unified authority, also should be coordinated with the party existing provisions of laws and regulations; designated scope of causes for accountability, we must objectively refinement responsibility standard. Next we should insist on the principle of fault liability, the combination of the two to further clarify what the administrative decision-making need lifelong responsibility; the relationship between the object to define the liability lifelong accountability is to clarify the collective responsibility to make decisions and personal responsibility, clear work division of powers, the establishment of a complete filing system and the power list to days after the inspection; responsibility for at this stage in the legal system of diversity, according to the actual, according to the person responsible for retirement, resignation, job changes, gang Adjust the different circumstances, apply different responsibility; clear responsibility for life and the relationship between the system of limitation of action, can better apply to the system;for the responsibility of the program, in the premise of open and transparent procedures, but also pay attention to the protection of the right to defend responsibility.Study on the major administrative decision-making of lifelong accountability system,we should combine the administrative accountability system based on the general theory, the "lifelong responsibility" are discussed, which has a strong practical operation, in order to construct the system of our country is helpful.