论行政决策失误的机关集体责任认定

现行法律对于行政决策责任的规定最大缺陷在于没有准确界定行政决策失误之机关集体责任和区分机关集体责任与领导个人责任,从而导致在＂集体决策＂名义下无法真正追究行政决策失误的责任或是导致对公共利益的损害。以现行法律规定的不足为立论基础,论证了构建行政决策失误的机关集体责任的必要性、认定标准及主体的确定等基本问题,寻找集体决策责任主体,从而真正实现行政决策责任,推动我国正在进行的责任政府建设。

On Collective Responsibility of Administrative Decision-making Organs for Their Faults in Making Executive Decisions

The biggest drawback of the existing legal provisions for administrative decision-making responsibility is the lack of precise definition for the collective responsibility of administrative decision-making organs for their mistakes in decision-making and the failure to distinguish between collective responsibility and leaders＇ personal responsibility,resulting in a situation in which the responsibility is evaded in the name of ＂collective decision-making＂ and public interests are impaired.The paper demonstrates the necessity to construct collective responsibility of administrative decision-making organs,defines the standards for identifying collective responsibility and determining its subject,and identifies the responsible body of collective decision-making,so as to actualize the administrative decision-making responsibility and promote China＇s ongoing construction of responsible governments.