On The Administrative Accountability System

If the activities of administration chief don't have effective mechanism to be restricted, administration according to law will not be able to guarantee, the rule of law will be like a piece of paper "blank check". Although academics have conducted a number of discussion and research, this has been the weak link in the study of China's administrative law, their study did not also systematically failed to form a theory of authority, there are diverse views. So, to discuss the present status and lack of China's administrative accountability mechanism, and in view of the shortcomings on China's administrative accountability to improve the accountability mechanism, has theoretical and practical significance.This article around the central proposition administrative accountability system, is divided into three parts to expatiate.The first part is the administrative responsibility and administrative accountability. First of all, carried out an analysis one by one from the responsibility, administrative responsibility to administrative accountability, to clarify a variety of meanings of the responsibility and administrative responsibility. As the responsibility has the division distinction of primary obligation and secondary obligation, therefore, in definition of the concept this article defined the "responsibility" which has been involved here as secondary obligation, that is, for breach of statutory obligation to arising from the new specific obligations. Administrative responsibility also refers to this secondary obligation, that means in the administrative process, the main administrative and Civil Service as a result of illegal administration and administrative misconduct, should bear the administrative legal responsibility according to law. Therefore, the administrative accountability system could be summed up as: In the national administrative managing activities, administrative accountability of the main aims at the executive authorities which shoulder administrative duties and their administrative officers' illegal behaviors, derelictions of duty and misconducts to make supervision, question and go behind corresponding responsibility. Secondly, it educes a relationship between administrative responsibility and administrative accountability system from the concept division of administrative responsibility and administrative accountability. First, administrative responsibility is the basic premise of accountability. Administrative accountability as an accountability mechanism after itself, the premise of establishing is administrative responsibility's producing. Secondly, there is a relationship of cause and effect between administrative responsibility and administrative accountability. That is, the production of administrative responsibility is the precondition of the beginning of administrative accountability. Third, between the administrative responsibility and administrative accountability is the relationship of theory and practice. That is, administrative responsibility supports the establishment process of the administrative accountability. On the other hand, the specific implementation of the administrative accountability system plays a role of promotion of sound to administrative responsibility theories.The second part discusses the present status of China's administrative accountability system. First of all, it introduces concrete practice status of China's administrative accountability system. It lists right laws and regulations which China decrees in order to protect smooth effective implementation of administrative accountability system. In the next place, it can educe the lack of China's administrative accountability system from present status analysis of China's administrative responsibility: that is, the imbalance of powers and responsibilities in administrative responsibility, the shortcomings of the main administrative accountability, the deletions of laws and regulations from administrative accountability system. And at the same time, this article makes a depth analysis from these three sides each, educes these questions such as the system's building of China's administrative accountability system, power and rights to administrative accountability and ignored attitude of China's doctors on administrative responsibility internal control.The third part focuses on how to improve our administrative accountability system.First, the writer focuses the practical significance of building and improving China's administrative accountability system. 1,Be conducive to create a harmonious socialist society of China. 2,Be conducive to rule administrative behaviors of executives. 3,Be conducive to advance of administration according to law. 4,Be conducive to build reasonable official checking mechanism. 5,Be conducive to create responsible government. The next, in the point which talks about how to improve our administrative accountability system, the author focuses on the importance of strengthening executive authorities internal self-control, in order to establish and perfect a new perspective of China's administrative accountability system. Specific ways to improve as follows:First, it should build a full range of administrative accountability mechanisms. 1,Should perfect China's power accountability mechanism. That is, should improve government internal accountability,National People's Congress investigating and the judiciary investigating. 2,Should build administrative accountability mechanism of social force. That means it should perfect the accountability system of citizens themselves; public media and social organizations to state administrative organs and their executives, protect these social force responsibility accountability right. 3,Give full play to executive authorities internal self-control mechanism. Internal self-control has directness,targeted and regular characteristics, can exert accountability's efficiency best. And, it can make full use of the monitor sector, audit sector and so on, like these internal agencies understand the laws and regulations, in order to avoid negative impact to administrative responsibility as external does not know the specific laws and regulations.The second, improve and establish administrative accountability system's laws and regulations. Here:1,It should perfect related legislation of administrative accountability system. On the one hand, should perfect《Administrative Procedural Law》,《State Compensation Law》and《Administrative Punishment Law》these existing laws and regulations. On the other hand, should establish《Administrative Procedure Act》. Design implementation program of administrative accountability scientifically and reasonably. In addition, it should speed up administrative moral legislation, to make administrative officials' responsibilities and morals combine effectively, advance administrative responsibility system better. 2,It should establish unified《Administrative Accountability Act》.The third, the writer also advises it should push suited system's construction. 1,Should set up and consummate democratic scientific administration decision-making mechanism. 2,Should build government performance evaluation mechanism. Performance evaluation is an important system that guides governments and their officers to set the right direction and do their best to fulfill all the tasks, it is also an importance basis of carrying out administrative accountability system. 3,It should improve relief system of administrative accountability. In Chinese current administration relief laws and regulations, the remedies for officials who have been punished have been yet weak even vacuum state. The perfect of administrative accountability system, decides it as a new administrative supervision mechanism can really mechanism reflect and achieve public opinion or not, and directly bring significant impact on the institutionalized effect of administrative accountability.