中国政府责任建设研究

发布时间：2018-07-17 17:30

【摘要】：改革开放以来,我国政府着重进行了经济体制改革,并且取得了举世瞩目的成就,这既证明了我国权威政府的执政能力和水平,又体现了我国的政府责任。随着经济社会的进一步发展,我国社会转型时期出现了新的发展阶段,并且要进行“五位一体”的协调发展,这对我国政府的治理模式提出了新的要求。政府治理模式的转换,将带动我国政府角色和政府职能的转变,从而促进我国政府积极地履行自身的责任。根据权责一致原则,我国政府是行使国家权力的机关,掌握着公共权力,理应承担政府责任。政府责任是一个责任集合体,学界有不同的分类方法。本文主要从政府的政治责任、法律责任、行政责任和道德责任这四个方面加以阐述。因为我国的市场经济体制还不够健全,民主和法治还有待完善,所以我国政府承担的责任和社会压力都很大。政府在处理与执政党、人大、法院、检察院、市场、社会、公民的关系,以及政府自身上下级之间的关系时,也是政府承担责任的具体表现。当下我国政府还存在一定的责任缺失问题,主要表现为政府责任的缺位、错位和越位。这不仅是因为我国政府问责制度不健全,对政府及其公务员,尤其是对一些政府官员和行政首长追责不力,而且我国行政法律体系和法律文本也不完善,法律的强制性和权威性不足,从而导致政府责任的追究缺乏刚性和实效性,成为影响政府责任建设的重要缘由。此外,受传统行政文化消极因素的影响,政府及其公务员在依法行政方面依然存在欠缺。这些因素都在不同程度上影响着政府责任的实现。政府责任的实现是一个世界性问题。本文通过对美国政府健全的法律和制度、英国政府的公共行政改革和新加坡政府的动态治理等域外有关政府责任建设的经验进行梳理,以期吸收借鉴西方政府推进政府责任实现、建立更加负责的政府过程中的优秀成果。在借鉴西方发达国家政府责任建设有益经验的基础上,明确我国政府责任建设的要求,不断建立和完善我国政府责任的实现机制,强化我国的政治问责、法律问责、行政问责和道德问责机制,并且不断探索我国政府责任的实现路径。
[Abstract]:Since the reform and opening up, our government has focused on the reform of the economic system and has made remarkable achievements, which not only proves the power and level of the authority of the government of our country, but also embodies the responsibility of our government. With the further development of the economy and society, a new stage of development has appeared in the period of social transformation in China, and it should be carried out. The coordinated development of the "five in one" has put forward new demands on the governance model of our government. The transformation of government governance model will lead to the transformation of the role of government and government functions in our country, thus promoting the government to perform its own responsibility actively. The public power should bear the responsibility of the government. The government responsibility is a collection of responsibilities, and the academic circles have different classification methods. This article mainly expounds the four aspects of the government's political responsibility, legal responsibility, administrative responsibility and moral responsibility. Because the market economy system in our country is not perfect, democracy and the rule of law remain to be perfected. The government's responsibility and social pressure are great. When the government deals with the ruling party, the people's Congress, the court, the procuratorate, the relationship between the market, the society, the citizen, and the relationship between the government's own upper and lower levels, the government is also a concrete manifestation of the responsibility of the government. The lack of responsibility, dislocation and offside. This is not only because our government accountability system is not sound, the government and its civil servants, especially some government officials and executive heads are not responsible for the responsibility, and the administrative legal system and legal text of our country are not perfect, the compulsory and authority of the law is insufficient, which leads to the lack of government responsibility. The lack of rigidity and effectiveness has become an important reason for the construction of government responsibility. In addition, the government and its civil servants still have a lack of administrative responsibility under the influence of the negative factors of traditional administrative culture. These factors affect the realization of government responsibility in varying degrees. The realization of government responsibility is a worldwide problem. In order to absorb and draw lessons from the western government to promote the government's responsibility and establish a more responsible achievement in the government's course, we can learn from the developed countries in the West. On the basis of the beneficial experience of government responsibility construction, we should clarify the requirements of our government's responsibility construction, establish and perfect the realization mechanism of our government responsibility, strengthen our country's political accountability, legal accountability, administrative accountability and moral accountability mechanism, and continue to explore the path to realize the responsibility of our government.
【学位授予单位】：复旦大学
【学位级别】：博士
【学位授予年份】：2014
【分类号】：D630

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