责任政府视阈下我国行政问责法律制度研究
发布时间：2018-08-26 11:26
【摘要】：责任政府理论的产生是西方民主政治的结果,西方各国也将构建责任政府作为其政府改革运动的其中一个目标,其与行政问责法律制度的运作有着紧密的联系,它的建成是需要行政问责法律制度来保障的,因此,在责任政府视阈下研究行政问责法律制度意义重大。在责任政府理论研究的带动下,西方行政问责法律制度发展比较早,体系也相对比较健全;我国行政问责法律制度则起步较晚,最早可追溯至1979年的“渤海2号”沉船事件中的问责处分决定,直到2003年的“非典”危机才促使我国行政问责法律制度的正式建立。在十年的时间里,我国行政问责法律制度发展是取得了一定的成绩的:从中央到地方与行政问责相关的法律法规陆续出台、在实际操作中一波波的问责“风暴”不断的充斥着人们的眼球等等,都对我国责任政府的建设起到了积极的作用。尽管如此,行政问责法律制度在我国仍然属于舶来品,还不够完善,因此,在责任政府视阈下完善我国行政问责法律制度是一个十分重要的课题。本文正是在责任政府理论指导下,基于宪法学与行政法学视角,综合运用文献分析法、比较分析法、实事求是的研究方法来展开对我国行政问责法律制度的研究。首先,通过对西方责任政府理论的发展过程及其内涵的梳理并在其理论指导下对行政问责法律制度作了界定,即认为行政问责法律制度是指各个问责主体根据相关法律法规的规定对国家机关及其工作人员的违法或不当行为启动责任追究程序的法律制度的总称,同时探究了行政问责法律制度的法理基础及其与责任政府的内在关系。其次,通过对国外几个发达国家及我国香港地区责任政府理念下行政问责法律制度发展概况的比较研究,总结出经验,以期对我国大陆地区行政问责法律制度研究做出借鉴。再次,对我国大陆地区行政问责法律制度的发展困境和原因进行了分析,认为我国目前行政问责法律制度存在各地方政府规定混乱,问责条件开启缺乏刚性、异体问责主体力量不足、问责标准及程序规定不一、救济途径规定不完善的问题。最后,根据现实问题,在责任政府视阈下,提出了从统一我国行政问责立法依据、构建多元的问责启动模式、建立科学的行政问责程序制度、增加行政问责救济途径四个大的方面来完善我国行政问责法律制度的对策建议,力求切实可行。
[Abstract]:The emergence of the theory of responsible government is the result of western democratic politics. Western countries also regard the construction of responsible government as one of the objectives of their government reform movement, which is closely related to the operation of the legal system of administrative accountability. Therefore, it is of great significance to study the legal system of administrative accountability from the perspective of responsible government. Driven by the theoretical study of the responsible government, the western legal system of administrative accountability developed earlier and the system was relatively sound, while the legal system of administrative accountability in our country started relatively late. As far back as 1979, the decision of accountability in the case of "Bohai Sea No.2" shipwreck was decided. It was not until the "SARS" crisis in 2003 that the legal system of administrative accountability in China was formally established. In the past ten years, the development of China's administrative accountability legal system has made certain achievements: from the central to local governments and administrative accountability related laws and regulations have been issued one after another. In practice, a wave of accountability "storm" is constantly filled with people's eyes and so on, which has played a positive role in the construction of our responsible government. In spite of this, the legal system of administrative accountability is still foreign in our country, and it is not perfect enough. Therefore, it is a very important subject to perfect the legal system of administrative accountability in the view of responsible government. Under the guidance of the theory of responsible government, based on the perspective of constitutional jurisprudence and administrative jurisprudence, this paper comprehensively applies literature analysis, comparative analysis and practical and realistic research methods to carry out the research on the legal system of administrative accountability in China. First of all, it defines the legal system of administrative accountability by combing the development process and connotation of the western theory of responsible government and under the guidance of its theory. That is to say, the legal system of administrative accountability refers to the general name of the legal system in which each subject of accountability initiates the process of accountability for the illegal or improper conduct of state organs and their staff in accordance with the provisions of relevant laws and regulations. At the same time, it probes into the legal basis of the legal system of administrative accountability and its internal relationship with the responsible government. Secondly, through the comparative study of the development of the administrative accountability legal system under the concept of responsibility government in several developed countries and Hong Kong, the author summarizes the experience in order to make reference to the study of the administrative accountability legal system in the mainland of China. Thirdly, the paper analyzes the difficulties and causes of the development of the administrative accountability legal system in mainland China, and concludes that there is confusion in the local government regulations and the lack of rigidity in the opening of the accountability conditions in the current legal system of administrative accountability in China. The power of allogeneic accountability subjects is insufficient, the standards and procedures of accountability are different, and the remedies are not perfect. Finally, according to the practical problems, from the perspective of the responsible government, this paper puts forward a scientific administrative accountability procedure system by unifying the legislative basis of administrative accountability in our country, building a pluralistic starting mode of accountability, and establishing a scientific administrative accountability procedure system. To improve the legal system of administrative accountability in four aspects, we should try our best to improve the legal system of administrative accountability.
【学位授予单位】：中共重庆市委党校
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.11
本文编号：2204724
[Abstract]:The emergence of the theory of responsible government is the result of western democratic politics. Western countries also regard the construction of responsible government as one of the objectives of their government reform movement, which is closely related to the operation of the legal system of administrative accountability. Therefore, it is of great significance to study the legal system of administrative accountability from the perspective of responsible government. Driven by the theoretical study of the responsible government, the western legal system of administrative accountability developed earlier and the system was relatively sound, while the legal system of administrative accountability in our country started relatively late. As far back as 1979, the decision of accountability in the case of "Bohai Sea No.2" shipwreck was decided. It was not until the "SARS" crisis in 2003 that the legal system of administrative accountability in China was formally established. In the past ten years, the development of China's administrative accountability legal system has made certain achievements: from the central to local governments and administrative accountability related laws and regulations have been issued one after another. In practice, a wave of accountability "storm" is constantly filled with people's eyes and so on, which has played a positive role in the construction of our responsible government. In spite of this, the legal system of administrative accountability is still foreign in our country, and it is not perfect enough. Therefore, it is a very important subject to perfect the legal system of administrative accountability in the view of responsible government. Under the guidance of the theory of responsible government, based on the perspective of constitutional jurisprudence and administrative jurisprudence, this paper comprehensively applies literature analysis, comparative analysis and practical and realistic research methods to carry out the research on the legal system of administrative accountability in China. First of all, it defines the legal system of administrative accountability by combing the development process and connotation of the western theory of responsible government and under the guidance of its theory. That is to say, the legal system of administrative accountability refers to the general name of the legal system in which each subject of accountability initiates the process of accountability for the illegal or improper conduct of state organs and their staff in accordance with the provisions of relevant laws and regulations. At the same time, it probes into the legal basis of the legal system of administrative accountability and its internal relationship with the responsible government. Secondly, through the comparative study of the development of the administrative accountability legal system under the concept of responsibility government in several developed countries and Hong Kong, the author summarizes the experience in order to make reference to the study of the administrative accountability legal system in the mainland of China. Thirdly, the paper analyzes the difficulties and causes of the development of the administrative accountability legal system in mainland China, and concludes that there is confusion in the local government regulations and the lack of rigidity in the opening of the accountability conditions in the current legal system of administrative accountability in China. The power of allogeneic accountability subjects is insufficient, the standards and procedures of accountability are different, and the remedies are not perfect. Finally, according to the practical problems, from the perspective of the responsible government, this paper puts forward a scientific administrative accountability procedure system by unifying the legislative basis of administrative accountability in our country, building a pluralistic starting mode of accountability, and establishing a scientific administrative accountability procedure system. To improve the legal system of administrative accountability in four aspects, we should try our best to improve the legal system of administrative accountability.
【学位授予单位】：中共重庆市委党校
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.11
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