行政责任追究制度与法治政府建设

Administrative Accountability System and the Construction of Government Ruled by Law

行政责任追究是法治政府的内在要求与核心机制。根据行政责任法治化的要求,行政责任必须由法定的追究主体在其法定权限内,依照法律规定的情形和程序予以追究。目前,我国的行政责任追究制度已初步建立,但相关立法滞后,法律位阶低,缺乏权威性;法律规定不一致,缺乏统一性;法律规定过于抽象,缺乏可操作性。为了规范行政责任追究活动,提高行政责任追究的效能,必须尽快制定统一的行政责任追究法律,明确行政责任追究的主体及其权限,厘清行政责任追究的适用范围,统一行政责任追究的责任形式,完善行政责任追究的程序,使我国的行政责任追究逐步规范化、法治化。

The administrative accountability system is the inherent requirement and the core mechanism in the government ruled by law. In accordance with the requirements of administrative accountability institutionalization, administrative accountability shall be realized as follows. It shall be done by authorized organs within its jurisdiction and shall follow the conditions and procedures set by laws. Currently, a preliminary administrative accountability system has been established in China, which, however, lacks in adequate legislation. First of all, the currently valid laws do not enjoy high-level power. Secondly, they conflict and are not unified. Thirdly, they are too abstract to be applicable. So as to institutionalize administrative accountability and upgrade the efficiency of administrative accountability, a special law regarding administrative accountability shall be made as soon as possible. It will help clarify the organs in charge, their jurisdiction and the applicable scope of administrative accountability. It will also help unify the modes of administrative accountability and develop the procedures of realizing administrative accountability. As a result, the administrative accountability system can be gradually institutionalized.