Textual Dilemmas and Breakthroughs in the Legal Institutionalization of the Fault-Tolerance Mechanism
Fault-tolerance itself is a positive incentive mechanism to address the defects and shortcomings of accountability practices,and is a special institutional arrangement designed to motivate cadres to break the rules and be courageous in their commitment and innovation.At present,due to the lack of clarity and practicality of key elements of the policy text and the blurring of the boundaries between fault-tolerance and accountability,the rule of law-based mechanism for fault-tolerance has not been effective,and in most cases it has been caught in ineffective operation or even systemic inactivity.Based on the reflection on the policy text,in the construction of the rule of law of fault-tolerance mechanism,we should take into account the two dimensions:"the system content"and"the system carrier".In terms of system content setting,it is necessary to further enhance the precision of fault-tolerance,and the implementation path lies in promoting fault-tolerance and exemption from"ex post facto determining"to"ex ante filing",integrally considering the intrinsic linkage and functional complementary relationship between fault-tolerance and precise accountability,and effectively identifying and distinguishing the difference between the application of"responsibility-reducing circumstances arising from fault-tolerance"and"general responsibility-reducing circumstances".In terms of the system carrier,it is necessary to formulate the central party regulations top down in the form of fault-tolerance mechanism properly embedded in the existing"Communist Party of China Accountability Regulations",to synergistically promote the accountability and fault-tolerance,and to enhance the level of legal institutionalization of the fault-tolerance mechanism.
Fault-ToleranceCommunist Party and Government CadresIncentive MechanismPrecise AccountabilityParty Regulations