The Liability Immunity Scheme in the Administrative Accountability System of China

Lei TANG

Abstract


The administrative accountability system should not only function as punishment, but also guidance for government officials. The systematism of accountability procedure is surely the foundation, but it is also worth considering that how to promote the predictability of the result. China should construct the liability immunity system with good faith standard to offer government officials both legality and reasonableness standard. A liability immunity clause could function as guidance and protection in two circumstances, namely the circumstance of administrative decision making and when the rules are ambiguous.


Keywords


Accountability; Good faith; Immunity from liability

Full Text:

PDF

References


Cao, L. (2011). The institutionalization of the administrative accountability system. China: Legal System Press.

Cao, L. (2011). The institutionalization of the administrative accountability system (p.184). China: Legal System.

Chen, D. (2008). A study on legal accountability system. Beijing: Intellectual Property Publishing House Co., Ltd.

Chen, X. (2011, October 14). A crisis of trust in the administrative accountability system has been aroused by the arbitrariness and randomness of the reinstatement of removed officials. Legal Daily.

Hu, X. H. (2006). Government of accountability – A study on administrative accountability. Law Press China.

Hu, Y. (2014, October 8). Weibo: How Netizens’ opinions affect the reality. Time-Weekly.

Hu, Y. B. (2011, December 5). It is still a long way to go to advance the administrative accountability system of government officials. Legal Daily.

Jiang, Y. F. (2013). The ethical basis of administrative accountability system – A study on the duty of loyalty of civil servants (p.36). China: Zhejiang University Press.

Jiang, P. (2007). Civil Law (pp.554-55). China University of Political Science and Law Press.

Jin, W. F., & Jiang, Y. F. (2008). Study on several questions about the duty of loyalty of civil servants –An interpretation of the article 12 of the civil servant law of the People’s Republic of China (pp.11-17). Beijing, China: Administrative Law Review.

Li, G. Y. (2013). Selected cases on the openness of government information (p.210). Beijing, China: People’s Court Press.

Lian, H. Y. (2012, January 9). Removal from public office became a playgame. Guangzhou Daily.

Ren, X. L., & Fan, L. (2013). Summarization on ten years’ the study of administrative accountability system in China (2003-2012) – An analysis of the route from institutionalization to implementation. Journal of Yanan University (Social Science Edition), 6, 19-26

Wang, J. B. (2013). The shadow under sunshine: The judicial practice of the clause of exceptions to information disclosure in the U.S. Journal of Comparative Law, 5, 1-28.

Wang, M. Y. (2005). American administrative law (2nd, ed., p.786, 787). Beijing, China: Legal System Press.

Zhang, X. J. (2013, April 19). To implement the liability immunity scheme in the process of reformation and innovation, the arrangement of supervision and evaluation must be completed. The Economic Information Daily.

Zhang, M. K. (2011). Criminal law (4th ed., pp.265-66). Law Press China.

Zhou, Y. Y. (2006). A study on administrative accountability system. China Procuratorate Press.

Zhou, Y. Y. (2006). A study on administrative accountability system (p.260, 332). China Procuratorate Press.




DOI: http://dx.doi.org/10.3968/%25x

Refbacks

  • There are currently no refbacks.


Copyright (c)



Reminder

  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

Submission Guidelines for Canadian Social Science

We are currently accepting submissions via email only. The registration and online submission functions have been disabled.

Please send your manuscripts to [email protected]，or [email protected] for consideration. We look forward to receiving your work.

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).

 

Canadian Social Science Editorial Office

Address: 1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.
Telephone: 1-514-558 6138 
Website: Http://www.cscanada.net; Http://www.cscanada.org 
E-mail:[email protected]; [email protected]

Copyright © Canadian Academy of Oriental and Occidental Culture