我国行政问责制的现实困境、路径选择与制度重构

Dilemma,Routing and Restructuring of Administration Accountability in China

我国行政问责制的立法和执法实践都取得了重大实效,有力地推进了责任政府的建立,但囿于我国"可问责政府"行政文化缺失、政治体制权责不清以及制度供给不足等原因,我国的行政问责制还存在诸多问题。应严格把握行政问责制的内涵和外延,遵循权责相统一、问责法定、正当程序等原则,处理好行政问责与其他责任追究机制的关系,并从界定行政问责主体、确定行政问责客体、规范行政问责事由、完善行政问责程序、健全问责责任体系等方面构建我国的行政问责制度。

The legislation and law enforcement of China＇s administration accountability have both shown off their advantages to good effect in recent years and quite a few responsible governments have therefore been formed.However,since there was no concept that a government should hold accountable for its actions in China＇s traditional culture,ambiguous distinctions of responsibilities in the political system and no definite regulations/rules systematically formulated,there are still many problems in China＇s administration accountability for which both the connotation and extension should be strictly grasped.To solve the problems,the parity of power and responsibility,should be followed with both well defined to make the administration accountability legal in due course of law,thus dealing well with the relationship between the administration accountability and other responsibilities for investigation into negligence of duty.Furthermore,China＇s administration accountability should be framed properly as a system via defining the subject and object,normalizing the origin of event and perfecting legal procedure in administration accountability.