Research On Lifelong Accountability System For Major Administrative Decisions

Administrative decision-making is an important activity of the government to carry out management,and whether the administrative decision-making is correct or not can be accurately implemented affects whether the expected goals of government management can be achieved.Major administrative decisions involve the public interests of the state or society,legal and reasonable major administrative decisions will have a beneficial impact on the state and society,and major administrative decisions that are wrong and illegal will hinder the development and progress of the country or society.However,the effect of major administrative decisions that are wrong or illegal will not be manifested in a short period of time,and some will take a long time to manifest the harmful consequences,and the harmful consequences of major administrative decisions are often more serious than those of general administrative decisions.However,in reality,"three-beat cadres" emerge in an endless stream.In 2014,the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China proposed to build a lifelong responsibility investigation and responsibility investigation mechanism for major decisions,and in 2019,the State Council issued the Interim Regulations on Major Administrative Decision-Making Procedures(hereinafter referred to as the"Regulations"),and various localities have also promulgated local government rules and normative documents to conduct preliminary exploration of the implementation of the system.Although relevant normative documents are constantly being introduced,there are still problems in the implementation of the lifelong responsibility system for major administrative decisions.This paper uses the literature analysis method and the comparative analysis method to introduce the system,puts forward the problems existing in the system,lists the relevant provisions of foreign countries for administrative accountability subjects and administrative accountability relief,and puts forward specific suggestions for improvement on the basis of drawing on foreign regulations.In addition to the introduction and conclusion,this article is divided into four parts.The first part is the logical starting point of the system,introducing the concept,theoretical basis and epochal significance of the system.The concept part first introduces the concept of major administrative decisions,and then summarizes the concept of lifelong responsibility for major administrative decisions stipulated in local legislation and summarizes the author’s expression of its concept;The theoretical basis of the system is listed in the text;Moreover,the value of the implementation of this system is that it can promote major administrative decisions to be more scientific,democratic and the rule of law,can curb the abuse of power,and also has a role in promoting the construction of responsible governments.The second part introduces the existing legislative basis of the system and the problems existing in the implementation of the system,mainly introduces the relevant provisions of the system in China’s central legislation and local legislation,and also introduces the practice of the system in China through the introduction of cases of lifelong responsibility in major engineering construction,ecological environment and other fields.Moreover,the scope of responsibility for the problems existing in the system is vague,the role of the subject of responsibility cannot be effectively played,the object of responsibility investigation is not clear,the procedural mechanism is not perfect,the form of lifelong responsibility and the provisions of the timeliness are not clear,and the lack of supporting supervision mechanisms is explained in detail.The third part introduces the specific provisions of Western countries,mainly the United States,the United Kingdom,and Germany,on administrative accountability subjects and administrative accountability relief systems,and summarizes the enlightenment for administrative accountability subjects and administrative accountability relief in China from the relevant provisions of the three countries.The content of the fourth part is to propose corresponding improvement measures for the problems existing in the system.The scope of matters for major administrative decisions is not clear and the principle of attribution of responsibility for the system in various local legislation is not uniform when pursuing liability,so the scope of liability should be defined from these two aspects;For the entities to be held accountable,improve from the aspects of standardizing the same-body accountability subjects and strengthening the allogeneic accountability subjects,and draw on the provisions of foreign administrative accountability entities to put forward targeted suggestions for improving the allogeneic accountability subjects;The "Regulations" stipulate the procedures that need to be passed through to make major administrative decisions,which can be seen that the procedures for making them are complex,especially after the three procedures of collective discussion,approval by the party committee,and approval by the superior,it is more difficult to determine the object of responsibility,so the object of responsibility in these three cases is discussed separately;For the procedure of pursuing responsibility,this section introduces the improvement measures of the three procedures,and the relevant practices of foreign countries have great reference significance for the improvement of procedures in China;Clearly stipulate the form of responsibility for life liability and the limitation provisions for lifetime responsibility;In addition,the article also describes the improvement of two different supervision mechanisms.From the above perspectives,the article solves the problems in the lifelong accountability system for major administrative decisions to ensure the good implementation of the system.