Study On The Rule Of Law On The Lifetime Accountability System For Major Administrative Decisions

This article stands on the background which our most country's major administrative decisions lost its standard.We think that being ever responsible for major administrative decisions will make up for the deficiency of procedure rule and realize the effective control on decision-making power.In view of the difficulty of responsibility investigation in administrative accountability system and the devastating consequences cause by the negative effects of major administrative decisions,and our country is in a critical period of establish a responsible and legal system government,it is very important to establish a Lifetime accountability system for major administrative decisions.In the meantime,this system has public choice theory,people sovereignty theory and integration of power and responsibility as supporting theories and has Constitutional,Administrative Punishment Law and Civil Servant Law as legal ground.In order to solving the problem in implementing legal system government,we put forward this system.It is the deepening and improving of traditional executive accountability system.However,due to lack of uniform legislation in strong governmental,existing stipulation's legal ranks is relatively low,and most local regulations are dispersion or even contradiction,hence most system studies rest on macroscopic angle during the implementation process.This makes the Lifetime accountability system for major administrative decisions cannot play a role in build the government governed by Law and cannot make administrative decision more wisely.This paper has refined Lifetime accountability system for major administrative decisions into seven elements,which are the range of major administrative decisions,imputation principle,liable party,responsibility investigation subject,lifetime accountability definition,responsibility form,accountability procedure.Based on the comparison of provincial local government regulations which related to procedure of major administrative decisions,we summarize some issue overall system such as the difficulties of responsibility causes,imputation principle unclear,responsibility subject is difficult to clear,responsibility object is unknown,specific responsibilities are difficult to determine,the accountability process is difficult to regulate.According to these issues we put forward some suggestions such as clear scope of matters and establish a list of major administrative decision,clarify the principle of attribution of liability,diversify the responsible subjects,type of responsible entities,combine various forms of responsibility,correctly understand limitation prosecution,and improve the accountability from initiation to investigation to decision execution procedures and continuous improvement of supporting facilities to build a concrete accountability system.