Research On The Accountability System For Major Administrative Decision-Making

The construction of the accountability system for major administrative decisions has become an important link in the construction of China's current law-based government.In the information developed today,the government's major administrative decision-making errors easily spread quickly in the society,and caused great repercussions,if mishandled,could trigger social disharmony,influence the development of our country after planning.Therefore,under the guidance of the central government of China,local governments and academic circles have conducted extensive exploration and research on relevant issues in this field.But in terms of current research,and development in this field in China is short,compared with foreign mature system still exist many system of the blank,and there are a lot of the core problem is still not draw a widespread recognition.Therefore,based on the basic situation of the present analysis of the present some problems in building the system,and draw lessons from the experience abroad has effective system,which aimed at these problems puts forward some Suggestions and views,hope can help to research in the field in China.The first part of this paper aims to define the basic concept of accountability system for major administrative decisions.First determine major administrative decision-making is the concept of the definition of its scope,through the study of the summary of our country's local file refined,summarized the widespread recognition of several matters of major administrative decision-making,and combining with theoretical analysis,finally it is concluded that the definition and scope of the major administrative decision-making.On this basis to further determine the connotation of the major administrative decision-making responsibility system,and the major administrative decision-making responsibility and the responsibility of the general administrative decision-making,this paper briefly describes the major administrative decision-making responsibility system to study independently.The determination of these concepts is the basis for the following study.The second part of this article is the study of the theory of the major administrative decision-making responsibility,mainly including the components of the major administrative decision-making responsibility as well as the major administrative decision-making responsibility shall be investigated according to the principle of.This paper supports professor wang lianchang's four elements,which are divided into main elements,behavioral elements,subjective elements and result elements.Principles this paper enumerates the legal principle of liability,the principle of consistent right and responsibility,the principle of lifelong liability system and the principle of openness and transparency.The research of this part is an important basis for the following problem analysis and construction Suggestions.The third part of this paper describes the problems that China has encountered in the field of accountability system of major administrative decisions.Will gather in into four main problems: the first is the major administrative decision-making responsibility shall be investigated according to the not clear,this is the main reason of the responsibility is difficult to implement in our country at present,the legal basis is the foundation of legal responsibility.The second point is the major administrative decision-making responsibility main body range uncertain,subject scope of uncertainty is the most easy to cause the person to escape responsibility,the responsibility,this is a major administrative decision-making responsibility system construction in our country must solve the problem.The third point is that the major administrative decision-making responsibility investigation is too monotonous At present,China relies too much on corporate accountability and neglects the role of other accountability subjects,making the process of accountability difficult to start.Fourth is lack of tracking supervision of major administrative decision-making responsibility,lack of oversight is frequent in our country the main reason for the phenomenon of "accountability",causes our country accountability ultimately difficult to get accurate implementation.These four reasons are the starting point of the fourth part of this paper and provide a starting point for the following Suggestions.The fourth part of this paper is the core of the whole article,that is,the Suggestions on the construction of the system of accountability investigation for major administrative decisions.On the basis of the above research,this part puts forward Suggestions on the accountability system of major administrative decisions from five angles: first,clarify the scope and form of responsibility of major administrative decisions.From this point of view,this paper first proposes to enrich the types of liability in China,and to add new forms of punishment between the original punishment,so as to enhance the operability.Absorption has studied Japan's experience at the same time,put forward to the level of the content of the responsibility allocation,achieve consistent accrual,let the major administrative decision-making responsibility from decision makers to executives step by step transition,make the responsibility more targeted.Finally,it is proposed to consider the original results scientifically.Put forward not only for the final result of the inspection,also will be introduced in assessment in the process of project implementation stage,and are responsible for the inspection of organization should carry on the strict screening and management,must have a combination of professionalism and neutrality two attributes,which ensures that the final result was convinced by the public.Second,the basis of accountability investigation for major administrative decisions should be clarified.The first part of this paper is to link the inner-party norms with the accountability of major administrative decisions,and improve the system of accountability for major administrative decisions with the experience of the inner-party.The second is to uniform legislation,formulate a unified national the authority of the law,the purpose is to solve many uncertainties in the practice of concepts,such as "major administrative decision-making","misconduct",etc.,and interpret such key concepts as a unified quantifiable criteria.In these two steps at the same time,for the problems still need to be solved at present stage,this suggestion is released through the central issued guidance mode and speed up the way to solve local legislation,on the one hand the central guidance can give place to a reference,on the other hand,the local legislation can also find many new problems,explore many new roads.Third,clarify the responsibility of major administrative decisions.This article lists the four decision-making responsibility main body,including three reserves the right to make decisions: the main responsibility of the major administrative decision-making leadership,team meetings,party and government joint decision and a decision: the main responsibility of the expert group.These four kind of main body has a great influence of major administrative decision-making,in practice,most of the major administrative decision-making also go through the main body of the review and approval,so this paper argues that the four types of main body should belong to the major administrative decision-making responsibility shall be investigated for the primary object of accountability.Fourth,we should clarify the starting subject of accountability investigation for major administrative decisions.Clarifying the starting subject of accountability can effectively solve the problem that the legal subject of liability investigation in administrative decision-making is not clear,and the subject positioning of the ruling party,the NPC organ and the government organ is ambiguous.This paper elaborates from the three aspects of starting accountability within the government,starting accountability by people's congresses at all levels,and starting accountability by special organs.Fifth,we will strengthen the follow-up and supervision system for accountability investigation of major administrative decisions.This paper divides supervision into two types: ex ante supervision and ex post supervision,and mainly discusses ex post supervision.The aim is to implement the life tenure system of China's major administrative decision-making responsibility.The main proposal is to carry out periodic review and encourage the media and other social forces to supervise on the premise of making accountability public.