重大行政决策责任追究法制化研究

发布时间：2018-03-20 18:44

本文选题：行政决策责任追究　切入点：法制化　出处：《郑州大学》2017年硕士论文　论文类型：学位论文

【摘要】：我国尚未建立专门针对重大行政决策责任追究的法律法规体系,由于决策失误缺乏权威而有效的责任追究制度,导致在重大决策失误发生的情况在无人承担责任现象普遍存在。加强对重大行政责任追究的法制化问题研究,对于强化领导责任,推进决策科学化以及加强对决策权的监督具有重要的意义。本文利用公共选择理论、有限理性决策理论和制度理论等理论基础分析了我国重大行政决策责任追究法制化问题和对策。首先,阐述了我国行政决策责任法制化存在的问题,表现为行政决策责任追究对象不清晰,行政决策权限边界不清,行政决策责任分担不明,行政决策的党政责任比较模糊不清,决策追究具体事项范围不确定,行政决策责任追究追究程序不规范等方面。其次,概述了行政决策责任追究法制化问题的原因,国家和地方行政决策责任追究立法不完善,行政决策责任追究制度机制不完善,我国行政责任追究程序缺失,难以认定决策失误责任,行政决策责任追究意识和价值定位错位,行政决策责任追究法制化理论支持不足等。再次,分析了国外行政决策失误责任追究制度建设经验,公众知情权的立法保障措施,舆论对行政决策监督的重要作用。通过法律明确行政决策程序,对行政决策失误追究的责任主体、机构设置、信息方面和行政道德点法建设进行分析,归纳总结出国外行政决策失误责任追究制度对我国的启示和经验借鉴。最后,提出了重大行政决策责任追究法制化建设的对策,完善行政决策责任追究法律及制度体系,我国有关行政责任决策追究相关制度的立法应该坚持权责一致原则、责任追究法定原则、程序公开、公正原则和教育与惩戒相结合原则。行政决策责任追究主体法制化建设,立法明确行政决策责任追究主体框架,确立行政决策责任追究的责任主体,直接责任人为责任主体,厘清行政决策中行政机关和党委、人大之间的关系;行政决策责任追究程序法制化建设,法定化行政决策责任追究的程序,行政决策责任追究的具体程序一定要体现公平性。
[Abstract]:China has not yet established a system of laws and regulations specifically aimed at the investigation of responsibility for major administrative decisions. Due to the lack of authority and effectiveness of the system of accountability for decision-making mistakes, The situation that led to the occurrence of major decision-making mistakes is widespread in the absence of responsibility. To strengthen the research on the legalization of the investigation of major administrative responsibilities, It is of great significance to promote scientific decision-making and strengthen the supervision of decision-making power. Based on the theory of limited rational decision-making and system theory, this paper analyzes the problems and countermeasures of the legalization of the major administrative decision responsibility in China. First, the paper expounds the problems existing in the legalization of administrative decision-making responsibility in our country. It shows that the object of investigation of administrative decision responsibility is not clear, the boundary of administrative decision authority is unclear, the responsibility of administrative decision is not clear, the responsibility of party and government of administrative decision is relatively vague, the scope of specific matter of decision making is uncertain, Secondly, it summarizes the reasons of the legalization of administrative decision responsibility investigation, the imperfect legislation of national and local administrative decision responsibility investigation, and the imperfect system mechanism of administrative decision responsibility investigation. China's administrative responsibility investigation procedures are missing, it is difficult to identify the responsibility for decision-making errors, the sense of responsibility for administrative decision making and value positioning are misplaced, and the theory of accountability for administrative decision responsibility is not supported by the theory of legalization, etc. Again, This paper analyzes the experience of foreign countries in the construction of accountability system for administrative decision making errors, the legislative safeguard measures of the public's right to know, and the important role of public opinion in the supervision of administrative decision making. Based on the analysis of the responsibility subject, institution setting, information aspect and administrative moral point method construction of administrative decision making fault investigation, the enlightenment and experience of foreign administrative decision making fault accountability system to our country are summarized and summarized. This paper puts forward the countermeasures of the legalization construction of the major administrative decision responsibility investigation, consummates the law and system system of the administrative decision responsibility investigation, and the legislation of the related system of the administrative responsibility responsibility investigation in our country should adhere to the principle of consistent power and responsibility. Legal principles of accountability, openness of procedures, principles of justice and combination of education and discipline. Legal construction of the subject of accountability for administrative decision-making, legislative clarification of the framework of the subject of accountability for administrative decision-making, To establish the main body of responsibility for the investigation of administrative decision responsibility, with the person directly responsible for the responsibility as the subject of responsibility, to clarify the relationship between the administrative organ, the party committee and the people's Congress in administrative decision-making; and to establish the legal system of the procedure of accountability for administrative decision making, The procedure of legalizing administrative decision responsibility and the concrete procedure of administrative decision responsibility investigation must embody fairness.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D63

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