中外行政问责制的比较研究

发布时间：2018-04-30 16:03

本文选题：行政问责制 + 比较分析　；参考：《山东大学》2015年硕士论文

【摘要】：党的十八大召开以来,新一届中央领导集体对于反腐倡廉的力度不断加大,许多省部级官员相继落马,在人民群众拍手称快的同时党政系统内部也对行政责任有了更加深刻的认识,行政问责制问题再次引起了人们的关注和思考。行政问责制自颁布实施之日起就肩负着人们的期待,但是实施效果却不是特别显著。本文首先对行政问责制的概念、内涵进行了界定,由于目前学界对于行政问责制的界定各执一词,所以本文在结合了众多学者论述的观点之后给出了自己的解释,行政问责制应区别于首长负责制、引咎辞职制、行政责任追究等,是指特定的问责主体对于各级政府、各政府部门及其行政人员承担的职责和义务的履行情况进行监督和审查,对不履行或不正确履行的,依据法定程序追究其责任,使其承担否定性后果,从而实现政府及其行政公务人员权力与责任。随后文章重点分析行政问责制的理论基础。本文综合行政问责制的内涵追溯行政问责制的理论基础,并列举了跟行政问责密切相关的五大理论,分别为人民主权论、社会契约论、委托——代理论、责任政府论、法治政府论等。在文章的主体部分,即重点对中西方的行政问责制度进行了纵向的比较。本文比较研究的逻辑主要是从文化大背景的角度出发对具体的制度进行比较,所以本文将比较的维度定为以下两个,分别为中西方行政问责制度背景比较：行政问责文化比较；中西方具体制度内容比较。同时在中西方具体制度内容里,本文再次分为以下五个维度：行政问责的主体、行政问责的事由、行政问责的机构、行政问责的程序和责任承担方式、行政问责的救济。最后文章通过以上大篇幅地对中西方行政问责制的多角度的比较,并且根据我国的现实的环境和条件,从而提出本土化的改革思路,分别为：完善行政问责主体,包括强化同体问责以及完善异体问责；完善我国行政问责的运作程序,包括行政问责程序的启动,问责过程中的程序以及问责的救济程序；完善我国行政问责的配套机制,包括完善政府信息公开制度、完善行政文化建设以及完善法治体系。
[Abstract]:Since the 18th National Congress of the Party, the new central leading collective has continuously intensified its efforts in combating corruption and advocating clean government, and many provincial and ministerial officials have been downgraded one after another. While the people clap their hands, the party and government also have a deeper understanding of administrative responsibility, and the issue of administrative accountability system has once again aroused people's attention and thinking. The administrative accountability system has shouldered people's expectation since the day of promulgation and implementation, but the effect of implementation is not particularly remarkable. This paper first defines the concept and connotation of the administrative accountability system. Because of the different definitions of the administrative accountability system in academic circles at present, this paper gives its own explanation after combining the views discussed by many scholars. The administrative accountability system should be distinguished from the responsibility system of the head, the system of taking the blame and resignation, the investigation of the administrative responsibility, etc., which refers to the supervision and examination of the performance of the duties and obligations undertaken by the government at all levels, the government departments and their administrative personnel by the specific subject of accountability, For those who do not perform or perform incorrectly, they should be investigated for their responsibilities according to the legal procedure, so as to make them bear the negative consequences, thus realizing the power and responsibility of the government and its administrative public servants. Then the article focuses on the theoretical basis of the administrative accountability system. This article synthesizes the connotation of the administrative accountability system and traces the theoretical basis of the administrative accountability system, and enumerates five theories closely related to administrative accountability, namely, the theory of people's sovereignty, the theory of social contract, the theory of principal-generation, and the theory of responsible government. The rule of law government theory, etc. In the main part of the article, the administrative accountability system between China and the West is compared vertically. The logic of this comparative study is mainly from the perspective of the cultural background to compare the specific system, so this paper will compare the dimensions of the comparison as the following two, respectively for the Western and Chinese administrative accountability system background comparison: administrative accountability culture comparison; Comparison of the contents of specific systems between China and the West. At the same time, in the specific system content of China and the West, this paper is divided into the following five dimensions: the subject of administrative accountability, the cause of administrative accountability, the organization of administrative accountability, the procedure of administrative accountability and the way to assume responsibility, and the relief of administrative accountability. Finally, through the comparison of the administrative accountability system between China and the West, and according to the actual environment and conditions of our country, the article puts forward the ideas of localization reform, which are as follows: perfecting the subject of administrative accountability. It includes strengthening homogenous accountability and improving allogeneic accountability; perfecting the operating procedures of administrative accountability in China, including the initiation of administrative accountability procedures, the procedures in the process of accountability and the relief procedures of accountability; perfecting the supporting mechanism of administrative accountability in China. It includes perfecting the system of government information disclosure, perfecting the construction of administrative culture and perfecting the system of rule of law.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D035.4;D630.9

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