我国被问责官员复出机制研究
发布时间：2018-10-20 12:25
【摘要】：2003年我国开始了对行政问责制的探索和研究,我国各级政府都十分重视行政问责制的建设,相继出台了一系列法律法规,到2008年我国的行政问责制已经逐渐形成制度化,标志着我国行政问责制向制度化、规范化方向迈进。在行政问责制建设取得重大成果的同时,作为问责制的延伸,问责官员的去向问题成为公众观注的焦点。有关被问责官员违规复出的报道层出不穷,屡见于媒体,引发了公众强烈质疑和不满,人们不断质疑实施行政问责的初衷及其法理性,从而使得行政问责的问责效果和质量大打折扣。目前我国被问责官员在复出过程中出现了复出快、复出程序隐蔽、复出理由不详、复出没有明确的法理依据等现象,这些现象的出现严重损害了公民的知情权和参与权等基本权利,也暴露了我国行政问责制在制度上的缺失,即被问责官员复出机制的缺失。随着我国法治政府、责任政府的不断推进,我国对行政问责制的探索和研究也取得了长足的发展,行政问责制度终将走向制度化、规范化道路,官员被问责将不会是个案而会成为一种常态,成为一种制度。在这样的大背景下,被问责官员的复出作为行政问责的延伸,其运行的好坏直接影响行政问责的问责效果,所以建立和完善我国被问责官员复出机制显得尤为重要和迫切,它已经成为当前政治制度建设的紧要任务。论文在我国现行行政问责制研究成果的基础上,通过表格形式,整理了我国目前被问责官员复出的法律法规现状以及复出实践现状,基于两方面的分析得到目前我国还没有一套严密的、详细的被问责官员复出机制,从而导致了被问责官员复出没有明确的法律依据、复出程序不透明等种种问题的产生,其次从法律和制度两个方面进行了原因分析,最后尝试提出完善我国被问责官员复出机制的一些建议和对策。
[Abstract]:In 2003, our country began to explore and study the administrative accountability system. Our governments at all levels attached great importance to the construction of administrative accountability system, and issued a series of laws and regulations one after another. By 2008, the administrative accountability system in our country had gradually become institutionalized. Marks our country administrative accountability system to institutionalize, the standardization direction stride forward. At the same time, as an extension of the accountability system, the issue of the whereabouts of accountable officials has become the focus of public attention. Reports on the return of accountable officials to illegal practices have emerged in endlessly, frequently appearing in the media, which has aroused strong public doubts and dissatisfaction, and people have constantly questioned the original intention of implementing administrative accountability and its legal rationality. As a result, the effectiveness and quality of administrative accountability are greatly compromised. At present, the accountable officials in our country have appeared in the process of returning out quickly, the return procedure is hidden, the reason for the return is unknown, and there is no clear legal basis for the return. The emergence of these phenomena has seriously damaged the basic rights of citizens such as the right to know and the right to participate, and has also exposed the absence of the system of administrative accountability in China, that is, the absence of the mechanism of the return of accountable officials. With the development of the government under the rule of law and the responsible government, the exploration and research on the administrative accountability system in our country has made great progress, and the system of administrative accountability system will eventually move towards institutionalization and standardization. Accountability of officials will not be a case but a norm and a system. Under this background, as an extension of administrative accountability, the return of accountable officials has a direct impact on the effectiveness of administrative accountability, so it is particularly important and urgent to establish and improve the mechanism for the return of accountable officials in our country. It has become the urgent task of the current political system construction. On the basis of the research results of the current administrative accountability system in our country, through the tabular form, the paper collates the current legal and regulatory situation and the practice status of the return of the accountable officials in our country. Based on the two aspects of analysis, we can see that at present our country does not have a strict, detailed mechanism for the return of accountable officials, which leads to the emergence of various problems such as the absence of a clear legal basis for the return of accountable officials, the opaque procedures for the return of accountable officials, and so on. Secondly, the author analyzes the reasons from the two aspects of law and system, and finally tries to put forward some suggestions and countermeasures to perfect the mechanism of the return of accountable officials in our country.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D630.3
本文编号：2283175
[Abstract]:In 2003, our country began to explore and study the administrative accountability system. Our governments at all levels attached great importance to the construction of administrative accountability system, and issued a series of laws and regulations one after another. By 2008, the administrative accountability system in our country had gradually become institutionalized. Marks our country administrative accountability system to institutionalize, the standardization direction stride forward. At the same time, as an extension of the accountability system, the issue of the whereabouts of accountable officials has become the focus of public attention. Reports on the return of accountable officials to illegal practices have emerged in endlessly, frequently appearing in the media, which has aroused strong public doubts and dissatisfaction, and people have constantly questioned the original intention of implementing administrative accountability and its legal rationality. As a result, the effectiveness and quality of administrative accountability are greatly compromised. At present, the accountable officials in our country have appeared in the process of returning out quickly, the return procedure is hidden, the reason for the return is unknown, and there is no clear legal basis for the return. The emergence of these phenomena has seriously damaged the basic rights of citizens such as the right to know and the right to participate, and has also exposed the absence of the system of administrative accountability in China, that is, the absence of the mechanism of the return of accountable officials. With the development of the government under the rule of law and the responsible government, the exploration and research on the administrative accountability system in our country has made great progress, and the system of administrative accountability system will eventually move towards institutionalization and standardization. Accountability of officials will not be a case but a norm and a system. Under this background, as an extension of administrative accountability, the return of accountable officials has a direct impact on the effectiveness of administrative accountability, so it is particularly important and urgent to establish and improve the mechanism for the return of accountable officials in our country. It has become the urgent task of the current political system construction. On the basis of the research results of the current administrative accountability system in our country, through the tabular form, the paper collates the current legal and regulatory situation and the practice status of the return of the accountable officials in our country. Based on the two aspects of analysis, we can see that at present our country does not have a strict, detailed mechanism for the return of accountable officials, which leads to the emergence of various problems such as the absence of a clear legal basis for the return of accountable officials, the opaque procedures for the return of accountable officials, and so on. Secondly, the author analyzes the reasons from the two aspects of law and system, and finally tries to put forward some suggestions and countermeasures to perfect the mechanism of the return of accountable officials in our country.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D630.3
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