Research On The Principle Of Imputation In Administrative Accountability

The construction of responsible government and the improvement of administrative accountability system are important contents of the construction of administrative rule of law in China.Since the "accountability storm" in 2003,China's administrative accountability has experienced a change from strict accountability to " mechanisms to allow for and address errors ".Why is there such a change? In the author's opinion,the reason is that the research on the principle of administrative accountability is not deep enough.The principle of administrative accountability is the core content of the construction of administrative accountability system.It embodies the value orientation of China's administrative accountability system.It is of great significance to set up a reasonable attribution principle for the further development of China's administrative accountability system.This article takes the principle of administrative accountability as the research object.Through text analysis of administrative accountability policies,the author discovered the problems of the principle of administrative accountability.The author proposes to build a system of principles of administrative accountability,and the fault principle should be the key part of the system.This article is divided into five parts.The introduction part expounds the research background,research status and research significance of this article.It is pointed out that the current research results of China's administrative liability attribution principle are mainly concentrated on the countermeasure research field of administrative behavior,executive heads,and some improvement of the administrative accountability attribution principle.The research on the principle of accountability for administrative accountability is not enough.There is no systematic discussion on the principle of accountability for administrative accountability.This principle of blame is not conclusive.The main text is divided into four parts.The first part discusses the connotation,status and basic types of the liability principle.First of all,the principle of administrative accountability is defined by referring to the definition of liability in the field of law.After the accountability of an accountable object due to its administrative behavior,which standard does the diversified accountability subject hold the accountable object responsible for? Second,the author points out that the principle of attribution plays an important role in the field of administrative accountability.The principle of administrative accountability determines the process of starting,investigating and handling administrative accountability procedures,in addition,the principle of administrative accountability reflects the value orientation of China's administrative accountability system.Finally,the author discusses several mainstream liability principles in the current administrative accountability field.The author introduces the definition,characteristics,and advantages and disadvantages of the fault principle,illegal principle,fault presumption principle and special fault presumption principle,as well as the result principle and no fault principle.After that we can discuss how to rebuild the imputation principle system.The second part mainly analyzes the administrative accountability policy text.First of all,the author sorted out the administrative accountability policy text and pointed out that there are five main types of attribution principles in the text of China's administrative accountability policy.Through the analysis of the text,the author found that the text of China's administrative accountability system has the following characteristics.1.The accountability for safety accidents is based on the principle of results.2.The accountability for administrative faults is mostly based on the principle of violation of law.3.Accountability to executive heads is mostly based on the principle of results.Then the author analyzes the problems of the principle of liability in the text of the administrative accountability policy.The author points out there are some problems in the text.First,the policy text is unclear about the connotation of administrative responsibility.Second,taking the principle of results in the field of security incidents can easily lead to short-term actions by officials.Third,administrative mistakes can not be used to account for improper administrative acts.Fourth,the executive head accountability is not conducive to motivating the executive head.Fifth,the degree of distinction is not meticulous.Last,the degree of fault is not meticulous.The third part proposes to reconstruct the principle system of administrative accountability.The author advocates that the re-construction of the principle system of administrative accountability and imputation needs to consider these factors,such as the nature and function of administrative accountability,the nature of administrative responsibility,hierarchy and logic of the principle of blame,and many more.The author proposes that we should build a system of principles of administrative accountability.The principle of fault should be the core of the system.The principle of illegality,the principle of presumption of fault and the principle of result are integral parts.The author advocates that the principle of fault is set as the general principle of liability.The principle of illegality and the presumption of fault are set as the principle of supplementary liability.The author specifically divides the degree of fault into intentional,gross fault,general fault and minor fault.The author classifies illegal behaviors into three types: serious violations,general violations and minor violations according to the degree of violations.The author proposes that the responsibility for a safety accident that causes a particularly significant impact can be accountable using the principle of results.The author proposes that the principle of fault presumption can be used for safety liability accidents that cause serious or general consequences.The principle of illegality can be directly used for serious illegal administrative faults.For general violations and minor violations,you can use the principle of fault for accountability.The principle of fault can be used for administrative accountability caused by the executive head himself.For the administrative accountability of the executive head due to subordinates,the principle of fault presumption or special fault presumption can be used for accountability.The conclusion section once again emphasizes the importance of the principle of administrative accountability.The author reiterates the establishment of the principle system of administrative accountability and blame based on the principle of fault.The author further points out that the academia is not yet fully researched on the principle of administrative accountability.And we can conduct further research on the use of the principle of refined liability.