Research One Fault-tolerance System Building And The Legal Practice On It

In recent years,with strengthening the scrutiny on the fault of administrative act in China,the legalization of administrative accountability mechanism has been initially realized.Among the public officials,one inappropriate thought of "It's better not to do more than to make more mistakes" appeared accordingly,and the negative phenomena of inaction and laziness in public affairs also came into being.To solve this problem and reconcile the conflict between "legality" and "efficiency",in 2016,the central government firstly put forward the concept of fault-tolerance mechanism,and proposed by time and again to encourage our broad cadres to take on new responsibilities and new actions in the new era and inspire our public officials to innovate in public affairs.It is thus clear that the central government is pretty focused on the practice of fault-tolerant mechanism.As we all know that it is far from enough to put one new mechanism into application only with the concept.However,through the research on our national fault-tolerance mechanism,we found problems existed like the concept and meaning is incomplete and the legal status and application scope is not clear and so on.Furthermore,in the process of the exploratory practice on fault-tolerance mechanism from local governments,there are other problems existing on the incomplete system construction,too broad fault-tolerance discretion scope and inconsistent fault-tolerance rules,etc..All these problems make it hard for putting fault-tolerance mechanism into practice without a hitch.To make the fault-tolerance mechanism construction not only always stay in an empty policy slogan,this paper conducts a research on the basic ideas of the system building for fault-tolerance mechanism and as well as the legal practice of fault-tolerance mechanism.With all these efforts,we try to overcome the hardships we encountered in the process of fault-tolerant mechanism practice.This paper took followings as the breakthrough points to study--sorting out all kinds of existing theoretical literature and putting the fault-tolerant mechanism into the initial exploratory practice with legislation by local governments,and obtained some valuable research results in the end.First of all,by sorting the theoretical basis of fault-tolerant mechanism,we found it is a supplement of administrative accountability mechanism on the contrast.Fault tolerance is an exception of administrative accountability with a relationship of accountability and exemption.They are the matching mechanisms to enhance and supplement the investigation mechanism of criminal liability and civil liability by putting both fault-tolerant mechanism and administrative accountability mechanism into the application of administrative law filed,and it is also an important method to encourage public officials to maintain the highly efficient administration and administrative innovation which is helpful for us to further keep the efficiency balance between the administration by law and highly efficient administration in the environment of legalized governments.Secondly,by sorting out all the fault-tolerance clauses from provincial-level people's governments,it summarized the generality of the existing fault-tolerance rules and its legislative direction in the provinces and abstracted the four fault-tolerant rules from the following four aspects,such as "not producing substantial damage results","having problems in the basis of administrative acts","avoiding greater losses" and "not having the possibility of expectation" and so on.Finally,combining with the current rather perfect civil law system and criminal law system,this paper provides feasible institutional structure suggestions on establishing united mentality of identifying fault tolerance from the following four respects—the subjective aspects,objective sides,damage results and the Irresistible impediment.Building a specific fault-tolerance procedure to effectively clarify the consequences and embodiment of "no accountability","exemption from liability","mitigation of responsibility","lighter accountability",etc..