Research On The Legalization Of The Comeback Of Administrative Accountable Officials

The great thinker and educator in ancient China,Mencius has argued that “Virtue alone is insufficient for dealing with state affairs;Legislation alone is not enough for empowering itself”.The administrative accountability system is one of the system constructions and rational arrangement of democratic politics in modern countries,and is the response to people's expectation on the reform of the administrative systems,and is an effective system to ensure the implementation of administrative responsibilities as well.The accountability system is one of essential measures and an objective choice to establish service-oriented and responsible government.By establishing the accountability system,the subject of administrative and civil servants can be controlled and supervised to exercise their power according to law and “powers serving the people,benefits giving the people” can be ensured.In addition,the accountability system safeguard people's legitimate rights and interests against illegal or improper use of the administrative power,and assist the establishment of people-centered and responsible government which is ruled by law.Since the implementation of the administrative accountability system,after the occurrence of major accidents,some officials involved would be in administrative accountable investigation and they would resign,take the blame and resign,be removed or dismissed from office.The administrative accountability system targets on administrative officials who have conducted wrongful behaviors or have shown the dereliction of duty in the work,and ensures that these officials will be sanctioned and undertake the due obligations,which strengthens the conception of“possessing power needs fulfilling corresponding responsibilities” among the subject of administrative and civil servants,and enhances the interaction and trust between the government and the public.This system plays a crucial role in promoting the construction of democratic politics.However,the phenomenon of these administrative accountable officials returning to the office after a period of mysterious disappearance could not be ignored,especially when the public learn the comeback of these officials from the hearsay or through the media reports.Normally,the resigned officials would come forward to clarify the issues questioned by the public.Currently,the resigned accountable officials basically follow such a trajectory.As the subsequent part of the administrative accountability system,the legalization of the comeback of officials is of great importance.The irrational and disorderly comeback of the administrative accountable officials has departed seriously from the purpose of establishing the administrative accountability system and comeback administrative accountability system,and undermined people's enthusiastic in participating in governmental administrative affairs,and affected the executive effects of governmental decisions.The negative influences of irrational and disorderly comeback of officials should not be underestimated.As a consequence,the regulation system on the comeback of resigned and dismissed officials is imperatively needed in China.To solve this problem,we should consummate the administrative accountability system and the upstream systems should be standardized and enriched.Most importantly,to build a scientific and effective mechanism on officials' comeback is the important institutional guarantee and the efficacious measure to solve the issue of officials' comeback.Therefore,this study discusses on building the mechanism from the following four aspects.Chapter One centers on raising the research questions and introducing the basic theories on administrative accountability system.This chapter starts with discussing the basic meaning of the accountability system,and then gives a thorough review on the administrative accountability system,in which the concept of administrative accountability system and the current research status has been dealt with.And then the theme and keyword comeback is introduced and the contents of comeback are defined.Therefore,the focus of the research is illustrated in general.Finally,at the end of this chapter,the preliminary analysis of the comeback cases of resigned and dismissed officials in department director level and above from 2009 to 2012 is demonstrated in tables and the status and characteristics of the comeback of Chinese resigned and dismissed officials is revealed followed by the summary on current problems in the officials' comeback.Chapter Two expounds the legitimacy of the comeback of resigned and dismissed officials.Based on the problems in the officials' comeback raised in chapter one,the legitimacy of the comeback of officials is illustrated from two aspects: reality level and theoretical level.Chapter Three discusses the reasons and dangers of designed and dismissed officials' irrational and illegal comeback.Based on the analysis of the legitimacy of the comeback of officials,the discussion on the reasons of officials' irrational and illegal comeback is carried out from several perspectives and then the adverse effects of the official comeback are pointed out.Chapter Four uses the method of historical investigation to research the systems of the comeback of officials.Firstly,the comeback system of the dismissed and degraded officials in China's Song Dynasty is introduced,in which the legality,qualifications,procedures and ranks has been explored.Secondly,the opening comeback system in the Qing Dynasty is discussed,in which the raise of the system and its establishment,requirements and effects are introduced.Through the study of the two systems in the Song Dynasty and the Qing Dynasty,the useful experience that is worth learning is summarized.Chapter Five discusses the effective ways to regulate the comeback of resigned and dismissed officials in our country in detail.First of all,the necessity to establish mechanism on the comeback of officials is pointed out.Then through the comparison and analysis of the previous cases,the circumstances on which the resigned and dismissed officials cannot return to office are stated.And then the construction of the basic system on allowing the comeback of the resigned and dismissed officials is explored in detail,including the principles,requirements,duration,positions,and procedures and so on.At last,the supporting systems that can benefit the effective implementation of the mechanism of officials' comeback are illustrated.