官员问责法治化：现状、目标、途径

发布时间：2018-03-27 09:09

本文选题：官员问责　切入点：法治化　出处：《中央民族大学》2011年硕士论文

【摘要】：近年来,我国一批批官员由于行政不作为、乱作为、贪污腐败等问题受到问责,纷纷“落马”。而我国政府正致力于构建一个责任型、法治型、服务型、阳光型的新型政府。官员问责法治化作为政府改革法治化的一个不可分割的分支,其推行力度势必会影响整个政府改革法治化的发展。我国已经启动官员问责,但是官员问责的法治化还存在着诸多问题,例如问责对象不清、问责主体缺位,问责程序——尤其是问责的启动程序和救济程序不健全,问责范围狭窄,问责不实,问责标准不统一等,这些都有待我国着手去解决。因此,大力推动我国官员问责法治化已成为我国政府改革迫在眉睫的重要任务。本文旨在借助文献研究法和比较研究法、案例研究法,对我国的官员问责法治化的现状进行分析,通过将每个受问责官员自身受问责前和受问责后所担任的职务等情况进行纵向比较、同类型受问责官员情况进行横向比较、所有受问责官员的情况进行纵向比较,来分析我国官员问责法治化的现状、存在的问题及其根源,并提出相应的对策建议。本文认为,我国的官员问责法治化的目标是,逐步建立、完善官员问责的法律体系及相应的监督体系,从根本上解决官员问责法治化建设中存在的问题,推动官员问责健康发展,通过程序保障官员在问责面前人人平等,尽快完成官员问责从人治问责向法治问责转变,从而推动中国政府向责任型、法治型、服务型、阳光型的政府转变,使官员真正成为“人民的公仆”。本文认为官员问责法治化的途径有,一是推动官员问责从“人治”向“法治”转变；二是加强异体监督力度；三是政府政务公开法治化。
[Abstract]:In recent years, a large number of officials in our country have been held accountable for administrative inaction, misbehavior, corruption and so on. However, the Chinese government is devoting itself to building a responsible, rule of law and service type. As an inseparable branch of the government reform and legalization, the implementation of the Sunshine New Government, which is a new type of government, is bound to affect the development of the entire government reform by law. Our country has already initiated the accountability of officials. However, there are still many problems in the legalization of officials' accountability, such as unclear accountability objects, absence of accountability subjects, inadequate accountability procedures, especially, inadequate initiation and relief procedures for accountability, narrow scope of accountability, and false accountability. The standards of accountability are not uniform, all of which need to be solved by our country. Therefore, it has become an urgent and important task for our government to vigorously promote the rule of law of government officials' accountability. The purpose of this paper is to analyze the status quo of the legalization of official accountability in China by means of literature research, comparative research and case study. Through vertical comparisons of the positions held by each accountable official himself before and after accountability, and horizontally across the same categories of accountable officials, the situation of all accountable officials is compared vertically, To analyze the status quo, existing problems and root causes of the rule of law of officials' accountability in our country, and put forward corresponding countermeasures and suggestions. This paper holds that the goal of the legalization of official accountability in our country is to gradually establish and perfect the legal system of official accountability and the corresponding supervisory system, so as to fundamentally solve the problems existing in the construction of the legalization of official accountability. To promote the healthy development of official accountability, to ensure that all officials are equal in the face of accountability through procedures, and to complete as soon as possible the transformation of the accountability of officials from the accountability of the rule of man to the accountability of the rule of law, so as to promote the Chinese Government to be responsible, rule of law and service. The transformation of the sunny government makes officials become the "public servants of the people". This paper holds that the ways to make officials accountable by law are: first, to promote the transformation of officials' accountability from "rule of man" to "rule of law"; second, to strengthen the strength of heterogeneous supervision; (2) to promote the transformation of officials' accountability from "rule by man" to "rule by law"; Third, government affairs open to the rule of law.
【学位授予单位】：中央民族大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D630

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