完善公务员责任追究机制——公务员依法行政的一个视角

我国公务员制度中责任追究机制的失灵严重影响公务员依法行政的水平和公共行政的有效性。公务员的多重身份导致其责任对象交叉,职责不明确导致责任相互推诿,权利义务不平衡导致责成其负责的法律依据不足,责任种类及追究方式的非法律化导致其容易规避责任等,制度缺陷是责任追究机制失灵的原因。因此,完善职位分类、平衡公务员的权利义务、明确责任种类并将追究方式法律化是完善公务员责任追究机制的必由之路。

Perfecting the Mechanism of Investigating and Fixing the Liability of Civil Service

The failure of the existent mechanism of investigating and fixing the liability of civil service heavily influences the level of administration according to law and the effect of public administration. There are several reasons for this failure: multi - identities of civil service leads to the overlapping of person responsiblity; ambiguity of rights and obligations leads to insufficiency of legal basis; the types of responsibility and non - legal ways to investigate and fix the responsibility leads to sidestepping of responsibility by civil service. To perfect the mechanism of investigating and fixing the liability of civil service, it is necessary to perfect the classification of position, balance the rights and obligations of civil service, clear the types of responsibility and prescribe the ways of investigating and fixing the liability in law.