Research On Legalization Of Administrative Decision

Legalization of administrative decision is the application and embody of running a country with law in the field of government's administrative decision in China, that how is the legalization of the administrative decision directly concerns if the development of Chinese politics, economics and culture meet the requirement of WTO and economic globalization. Here the author tries to discuss and analyze the legalization problem in the following four aspects. The first aspect is related with the theory analysis of administrative decision on by defining the scientific concepts of administrative decision and legalization of administration decision. Mainly analyzing the type, development trend and principal of administrative decision. The second part mainly is concerned about the problems existing in the administrative decision by focusing on the weak legal recognization,difficulty of investigating decision responsibility and insufficient supvising. Then in the third part, author analyzed the four basic factors composing the administrative decision system in most western development countries, centre system, consultation system, supervision system and performance system, and also analyzed the western legalized administrative system. The four basic factors are combined dynamically into the administrative decision process. In the fourth part, by combining the Chinese actual conditions and referring the successful experience in western countries, the author also put out the method of legalization for Chinese administrative decision, and propose the realization method of modernization of decision idea, democratization of decision system, proceduration of decision process, legalization of decision system and remediation of decision falls in the prospect of law science. At last, it is highlighted that the administrative decision procedure should be fixed in the form of law and the Hearing system and judicial censorship system need to be established promptly.