Research On The System Of Accountability Of Legal Institutions In Administrative Legislation

Because of the natural limitations of law,it is impossible to include all acts in the scope of its adjustment.Therefore,in reality,many details are stipulated by administrative legislation.In administrative legislation,the legal institutions play an important role,from the start of each administrative legislation process can see the statue of the legal institutions,its powers are also detailed in the "Administrative Regulations and Procedures Ordinance" and "Rules and Procedures Ordinance".It is well known that the scope of administrative legislative adjustment is very wide,and the number is extremely large,far exceeding the number of laws,including illegal administrative legislative documents are also many.But unfortunately,our country has not established the system of accountability of legal institutions,even if the administrative legislation violations caused serious consequences will not be investigated for the responsibility of the legal institutions,which makes the legal institutions have power but not be bound.Especially after the "Qilian Mountain Environmental Pollution Case" entered the public view,it also caused more people to think about the illegal administrative legislation.Administrative legislation involves allaspects of life,if we do not regulate the power of the legal institutions,it will probably lead to the interests of the masses,social and public interests and even national interests are damaged.It is very necessary and urgent to construct the accountability system of legal institutions,and the supervision mechanism of administrative legislation inside and outside the administrative system needs to be improved urgently.Based on this,the author puts forward the idea of establishing the accountability system of legal institutions,and analyses the various links between the institutional responsibility and the responsibility of administrative organs from the perspective of the construction of internal responsibility system and the construction of external responsibility system.After listing the regulatory system of our country's current administrative legislation,it briefly analyzes its shortcomings.Then,in the part of system construction,the responsibility is decomposed and analyzed from the aspects of constitutive requirements,nature,subject,procedure,relief methods and contents of the responsibility.The responsibility of a legal institution is primarily an internal one,because the limitation of its status prevents it from assuming external responsibility.Therefore,it is necessary for the administrative organs to bear the responsibility to the outside world,which mainly occurs when property damage is caused to the outside world,mainly a state compensation responsibility.There are three theories about whether the administrative organ should bear the responsibility.The author also analyzes these three theories and expresses his own views.The conclusion is that the administrative organ should bear the external responsibility and make state compensation for the damage caused.This article is around the internal responsibility and external responsibility to discuss,internal responsibility is the focus of this article,mainly the responsibility of legal institutions.After the reform of theconstitutional structure of the government in 2018,the legal institutions have merged with the competent judicial administrative organs one after another,and the issue of administrative legislative responsibility will change to a certain extent.The author has also made a corresponding analysis of this.The enactment of the Administrative Disposition Law may also make some changes in the content and the way of assuming responsibility.I look forward to the promulgation of the Administrative Disposition Law.It is of great significance to construct the accountability system of legal institutions,to investigate the responsibility of the principal and direct responsible personnel,to prevent administrative and legislative violations,to improve the administrative and legislative system,and to safeguard the interests of the masses and the public interests.Only in this way can we constantly promote the process of legalization and make the administrative legislation system scientific and standardized.