我国行政问责制的法治路径研究

发布时间：2018-07-13 12:24

【摘要】：论文梳理了我国行政问责制的基本理论,重点探讨了宪法依据和法理基础。能够作为我国行政问责制宪法依据的,包括人民主权原则、人民监督原则、国家机关的责任制原则、国家机关之间的相互关系、行政问责制的宪政意蕴。能够作为我国行政问责制法理基础的,包括权力制约理论、责任政府理论、政府法治理论和善治理论。我国行政问责制的法治路径进程理应随着社会主义民主法治的进程而不断发展和完善。纵向分析新中国成立尤其是2003年“非典”问责“风暴”以来的发展进程,我国行政问责制的发展路径大体上是按照人治——法制——法治的阶段逐渐演进。横向分析建国以来各个历史时期行政问责制的发展路径,“人治”往往体现为领导重视和发动问责,“法制”多体现为对问责制度的探索,都带有明显的“政府主导型”特征;“法治”则更多地落实在问责的实践探索,注重政府与社会的良性互动。研究新中国成立以来行政问责的发展路径,包括领导重视和发动、制度探索、实践探索、问责主要类型等,以及法治路径面临的主要问题,对于推进我国行政问责制法治路径的发展完善具有重要的意义。我国行政问责制沿着法治路径进一步发展和完善,需要加强“顶层设计”。行政问责要逐步走向党委、人大、政府、司法、政协等当代中国政治权力结构主体的权力问责。在我国行政问责制的法治路径进程中,从行政问责走向权力问责,也是摆脱人治、走向法治的渐进过程。只要从根本上有利于加强和改善党的领导,有利于我国民主政治发展、责任政府建设,就可以大胆推进监督问责。现阶段应大力推进行政问责。行政问责制必须建立在严格的权责划分之上,需要妥善处理党委与政府的权责界限,明确划分政府内部的权责关系。我国行政问责制的法治路径建设需要加强法制建设。为了确保行政问责制真正成为一种长效机制,在现有的监督问责框架下,在整合现有法律、法规、规章、文件中有关行政问责规定的基础上,以《关于实行党政领导干部问责的暂行规定》、《行政监察法》和《公务员法》以及相关法律法规为依据,构建一部专门的、完备的问责法,明确政府的等级责任、职业责任、法律责任和政治责任,明确行政问责的主体、对象、范围、方式、程序、救济、立法衔接等,使行政问责这一监督形式得以依法、有效、健康开展。还要完善行政问责配套制度,如政府信息公开机制、政府绩效评估机制、行政道德责任机制等。完善我国行政问责制的法治路径还必须大力推进法治实践。大力推进行政问责制的法治实践的关键在于,以专门的、完备的问责法律制度为前提和依据,以问责信息公开透明、加强政府绩效评估和行政道德责任机制落实为重要保障,发挥同体问责和异体问责的双重作用,社会公众广泛参与、政府与社会良性互动形成合力,共同落实对党政机关及其工作人员的全方位问责。在落实同体问责方面,加强党内和行政机关内部的监督问责。在落实异体问责方面,健全和强化人大、政协、司法机关、新闻媒体以及公民的监督问责。
[Abstract]:This paper has combed the basic theory of the administrative accountability system in our country, focusing on the constitutional basis and legal basis. It can be the basis of the constitution of the administrative accountability system in our country, including the principle of the people's sovereignty, the principle of the people's supervision, the principle of the responsibility system of the state organs, the interrelationship between the state organs and the constitutional meaning of the administrative accountability system. The legal basis of the administrative accountability system in China includes the theory of power restriction, the theory of the responsible government, the government's rule of law theory and the theory of good governance. The process of the rule of law of the administrative accountability system in China should be developed and perfected continuously with the process of socialist democratic rule of law. The vertical analysis of the "storm" of the "SARS" in 2003, especially in the "SARS", is the vertical analysis of the new China. Since the process of development, the development path of administrative accountability system in our country is gradually evolving in accordance with the stage of the rule of law - the rule of law - the development path of administrative accountability system in every historical period since the founding of the people's Republic. "The rule of man" is often reflected by the attention and accountability of the leaders, and the "legal system" is embodied in the system of accountability. The exploration has obvious characteristics of "government led", and the rule of law is more implemented in the practice and exploration of accountability, paying more attention to the benign interaction between the government and the society. The study of the development path of administrative accountability since the founding of new China, including the importance and launching of the leadership, the exploration of the system, the practice and exploration, the main types of accountability, and the path of the rule of law. The main problem is of great significance to the development and perfection of the path of the rule of law in China's administrative accountability system. The administrative accountability system in China is further developed and perfected along the path of the rule of law. It needs to strengthen the "top level design". Administrative accountability should gradually move towards the Party committee, the people's Congress, the government, the judiciary, the Political Consultative Conference and other contemporary Chinese political power structures. In the course of the rule of law in the administrative accountability system of our country, from the administrative accountability to the power accountability, it is also the gradual process of getting rid of the rule of man and going to the rule of law. As long as it is beneficial to strengthen and improve the leadership of the party, it is beneficial to the development of democratic politics in our country and the construction of the responsible government, and we can boldly promote the supervision and accountability at the present stage. The administrative accountability system must be vigorously promoted. The administrative accountability system must be based on the strict division of power and responsibility. It is necessary to properly handle the right and responsibility boundary between the Party committee and the government and clearly divide the relationship between the power and responsibility within the government. The construction of the rule of law in the administrative accountability system in China needs to strengthen the legal construction. On the basis of the existing supervision and accountability framework, based on the integration of the existing laws, regulations, regulations, and documents concerning administrative accountability, based on the Interim Provisions on the implementation of the accountability of the leading cadres of the party and the government, the administrative supervision law, the civil service law and the relevant laws and regulations, a special, complete accountability law is established to clarify the government. Grade responsibility, professional responsibility, legal responsibility and political responsibility, clear the subject of administrative accountability, object, scope, mode, procedure, relief, legislative connection, etc. so as to make the administrative accountability form the legal, effective, healthy development, and improve the administrative accountability system, such as the government information disclosure mechanism, the government performance evaluation mechanism, administrative Road In order to improve the legal path of administrative accountability system in China, we must vigorously promote the practice of rule of law. The key to promoting the rule of law in the administrative accountability system is to take the special and complete legal system of accountability as the premise and basis, to make the accountability information open and transparent, and to strengthen the government performance evaluation and the implementation of the administrative moral responsibility mechanism. For the important guarantee, the dual role of the androgyny and the allogeneic accountability is played, the public is widely involved, the good interaction between the government and the society forms a joint force, and the full accountability of the party and government organs and their staff is implemented together. In the implementation of the accountability, the internal supervision and accountability within the party and the administrative organs should be strengthened. We should improve and strengthen the supervision and accountability of the NPC, CPPCC, the judiciary, the news media and citizens.
【学位授予单位】：华东政法大学
【学位级别】：博士
【学位授予年份】：2014
【分类号】：D922.1

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