Research On The Legal System Of Administrative Accountability In China From The Perspective Of Responsible Government

The theory of responsible government is a product of modern western democracy. To build the state administrative organs into responsible governments is one of the government’s reform movement targets in western countries. It is closely linked with the operation of the legal system of administrative accountability. Its completion needs the protection of administrative accountability legal system. Therefore, it is significant to study the administrative accountability legal system under the visual threshold of responsible government. Driven by the theoretical research of the responsible government, the development of administrative accountability legal system is earlier in western countries, and the system is more robust. While our country starts late. It can be traced back to the accountability sanction decision in the “Bohai 2”shipwreck in 1979. Until 2003 the “SARS” crisis that prompted the legal system of administrative accountability formally established. In ten years, the development of administrative accountability legal system in our country has made certain achievements. For example, laws and regulations about administrative accountability have been put forward from central to local. In practice, wave after wave of accountability “storm” constantly filled with people’s attention, and so on. These have played a positive role in the building of responsibility government in our country. Nevertheless, the administrative accountability legal system is still an exotic and not perfected. Therefore, to improve the administrative accountability legal system under the threshold of the responsible government is a very important issue. This article is under the guidance of responsible government theory, and then based on the perspective of constitutional and administrative law; use many research methods to initiate a study on the legal system of administrative accountability, such as literature analysis, comparative analysis and seeking truth from facts. Firstly, through combing the development process and its connotation of western responsibility government theory, and making definition of administrative accountability legal system under the guidance. That is such a generic legal system: each accountability subject can start responsibility investigation program on illegal or improper conduct of state organs and their staff according to the provisions of relevant laws and regulations. Meanwhile, it explores the legal basis of administrative accountability legal system and the inherent relationship between it and the responsibility government. Secondly, through the comparative study on the development of administrative accountability legal system under the concept of responsibility government theory in several developed countries and Hong Kong, then summing up the experiences, making reference to the study on administrative accountability legal system in our country. Thirdly, the development difficulties and causes of this legal system in our country will be analyzed. Thinking that there are some problems in our current administrative accountability system, such as the local government regulations are confusing and it is lack of rigid condition to open the accountability, the allogeneic accountability subjects are weaker, accountability standards and procedural requirements are various, remedies prescribes imperfect. Finally, according to the real problems, this article presents four major aspects suggestions to improve our administrative accountability legal system, they are unifying legislative basis of administrative accountability, constructing multi-accountability startup mode, establishing a scientific accountability procedure system, increasing accountability remedies. Making the countermeasures practical and feasible.