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Construction Of Responsible Government Under Accountability Mechanism In China

Posted on:2013-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:W K WeiFull Text:PDF
GTID:2246330377955573Subject:Constitution and Administrative Law
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Accountability is the rule of law which the government should have a nature of property, but whether this is a goal to be achieved is not as inevitable, or at least require a lengthy development process. This includes the transition from theory to reality, but also from the system to the concept of internalization.In theory, this paper mainly from jurisprudence, administrative law, and the angle of draw administration’s interpretation of the meaning of the value of government responsibility and government responsibility in the system proposed should reflect the structure of moral responsibility, legal responsibility and administrative responsibility. Produced on the responsibility of government has the roots at the beginning with some of the fundamental values and functional characteristics, which including its social contract, sovereignty in the people and the moral orientation. The responsibility of government is to achieve the ultimate expression of the form of responsible government to build. Modern democratic state in the legal, political, institutional, civic, and cultural levels there is a difference, which determines the essence of government responsibility and operation different ways, and thus inevitably lead to different characteristics and forms of responsible government. Therefore, this article does not blindly use foreign cabinet system of government based on the construction of responsible government, there is no reference to such a simple system of impeachment, the civil service examination system and other systems, but the rule of law in the context of our country, to accountability-based emphasizing the power of public oversight, and responsible government that broadly refers to the public according to law all rational requirements, are able to meet or respond to the government.This development is defined as the administrative accountability of government responsibility for full accountability in the oversight mechanisms. Through its operation value is negative responsibility and government responsibility in the responsibility of the constraints and objective accountability to achieve the government’s responsibility in the active duty and responsibility of the normalization of subjective and procedures. Based on the above analysis, China’s administrative system of accountability should be punished, to maintain order, prevention and relief functions.The main body of the accountability of executive accountability doer, usually including the executive, authority, political parties, public opinion and the judiciary, etc., but this paper that the people’s congresses and their standing committees at all levels, as the representative of the people’s interests, is administrative accountability an important part of the subject, but also in the future want to work together. Be divided by the main content and accountability, which including accountability and allergenic accountability with the body. Variant compared with the body of accountability.Accountability is undoubtedly a more efficient, more democratic politics of accountability mechanisms.As in the legal framework must exist a principle of attribution, the institutionalization of administrative accountability are bound to the content of the administrative determination of the principles of accountability and clarity. Specifically, the principles of administrative accountability system in the macro should include:the concept of rights and responsibilities unifying principle; in the implications of government responsibility for full accountability in principle; in the system should build on the moral judgments as legally accountable necessary complement to the principle.In fact, the "accountability" is not a new thing in China, but did not become a complete system, but only a few scattered system of accountability. The article on China in recent years in the field of administrative accountability in the system expansion and construction of the development process carried out in depth and logical order, and pointed out that China’s administrative accountability of the development process difficulties and produce a series of difficulties, including:China administrative responsibility to regulate the terms embodied in the law though, but not detailed, is also relatively difficult to implement. In the existing law, administrative law responsibilities and obligations under the difficult matching, some provisions are no corresponding obligation, but the completion of these obligations at the same time did not indicate whether those should be held legally responsible or liable, although some is supported by the legal responsibility, but does not required detailed, operability is also very limited. Administrative accountability and responsible government is only the most basic forms of practice. As a government concept, including not only the responsibility of government responsibility to achieve the government’s responsibility to ensure that control mechanisms, but also a sense of responsibility as a value means that the concept of internalization in the composition of the main governmental organizations, that sense of responsibility of the administration personified. This administrative responsibility for the formation of personality is the highest government level, and therefore become a responsible government to build the ultimate goal. Further supporting the government’s accountability system, the administrative head of the system is imperfect; there are many deficiencies in the accountability system, the vulnerability of weak accountability system, weakening the system of administrative supervision and so on.Responsible government is a valid system for the synthesis of the relevant body, after a series of practice is accumulated, it can not do without public support, and even less from the government and citizens interact. So we want to establish an effective system of systems, in all aspects, including the practice of responsible government, the strengthening of civil power, etc. should be basic research, the Government interaction with citizens, these are also essential to build a responsible government the link.Build a responsible government, the responsibility must also establish a comprehensive system to protect and control mechanisms. These include:building an effective legal system of accountability, standards of a formal system with the power of a country are closely linked, which is the legal representative of the system is a form of expression, and thus want to build lines of effective accountability system, you first need to establish laws to determine the associated accountability and accountability of the main objects, as well as the specific scope, performance standards, legal procedures, liability and relief system, it can be more standardized; optimized power and control mechanisms and administrative responsibility system, adjust and optimize the structure and responsibilities of public power system, the purpose is to establish an effective check on government’s responsibility to control the executive power system; strengthen the practice of responsible government, responsible government with Chinese characteristics, to solve the question of perception is one aspect, the other side need to improve the Constitution, laws, etc., more needs to be constitutional, legal and other means have been provided for the responsibility, the responsibility to program into practice; the development of government interaction with citizens, between citizens of responsible government to build China society is a basic, to citizens is the responsibility of government to build an important prerequisite. To protect the basic rights of citizens, strengthening the basis of civil society, we must strengthen the direct responsibility of government relations for the citizens, so that the relationship between government and citizens to exchange cutting harmony and stability.Responsibility of government to build not only concerned with the constraints of administrative staff to build the system to the neglect of institutional gaps. Lack of positive administrative environment, and then improve the accountability mechanisms can not continue to play an effective role. Only every citizen should actively participate in the management of public affairs, to care for the building of responsible government to monitor the performance of government duties, in order eventually to the realization of responsible government.
Keywords/Search Tags:Accountability
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