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On The Legalization Of Administrative Decision-making Procedure Of Group Events

Posted on:2014-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2246330398979293Subject:Law
Abstract/Summary:PDF Full Text Request
In both the macro or micro level of the rule of law of administration according to law, and is closely related to each person’s work, life, focus which is also the country, society and the ordinary people of common concern, attention, everyone’s expectations very high. Fifteen Congress of the Communist Party of China for the first time, the rule of law was written into the Party Central Committee report, and the concept of the rule of law, basis, realization way and the implementation main body is clear, this is the first report to the highest party in the name of the rule of law to such height. The rule of law, administration according to law is an important strategic target and reality to push all the decision procedures, all kinds of work of legalization, democratization, institutionalization of compliance, this also for our group events administrative decision-making procedure gives a new direction, new goals and new requirements. Group events administrative decision-making procedures of the legal system is decided by the nature of China’s basic national conditions and the people be in power, this is the rule of law, administration according to law, in accordance with the requirement of decision procedure. So, practice the basic strategy of governing the country according to law, promote the rule of law, administration according to law, in the colony event procedure of administrative decision-making process must adhere to legal direction do not shake, do according to the decision-making process, decision-making procedures in accordance with the law.The decision procedure is found in human world, understand the world, the world itself is in the product, along with the human understanding of changes in the world and the social practice and development."Mass incidents of administrative decision-making process more scientific, democratization and legalization is the value goal of our group event procedure of administrative decision-making system reform." Power without restriction will be abused, especially with the natural person, legal person the most vital interests closely related to the national administrative power, is one of the most dynamic power, the easiest illegal or abusive, must through the administration according to law, to regulate and control constraints. The occurrence of mass incidents is inevitable, the harm caused and the impact is comprehensive, is irreparable and irreversible. As the People’s Government to assume the functions of the public administration, it is necessary to effectively maintain the normal functioning of the community order, sateguard the legitimate interests of me masses of the people, to minimize and defuse mass incidents occurred the adverse impact on the society as a whole and individual natural persons, to reduce the losses to minimum, to achieve the government’s social management functions must adhere to the democratization of mass incidents administrative decision-making process, legal and scientific. Mass incidents administrative decision-making process, procedures, objectives and implementation of the decision-making process must be determined according to the law, at the same time, mass incidents administrative decision-making process of institutional mechanisms must take the road to the legal and scientific。Group event procedure of administrative decision-making whether general decision procedure or the major issues in the decision-making process, are specific manifestations of administrative organs to implement the administrative power, and this power has great discretion. At the same time, it also has legal, normative feature, scope and subjects of interest is very wide. Therefore, must be subject to legal constraints, go on the track of ruling by law."The basic connotation of rule of law, the decision procedure" which is the construction of government by law, more is the value orientation of mass incidents of administrative decision-making process and the ultimate goal.The principle of administration according to law on group events of legalization of administrative decision-making points out the direction of development, put forward to make clear a requirement, public events of legalization of administrative decision-making is of great significance, the local government of democratic governing, scientific administration, general requirement and an important guarantee." Comprehensively promote administration according to law, the implementation of the outline of ","local government organization law of the people’s Republic of China "and" emergency response law "and other laws and regulations has been proved in practice of the local governments in China according to the disposal of public events play a positive role. However, the local government in accordance with the law, in the face of public emergency disposal of group events or difficult scientific response also has potential disadvantages, analysis of unfavorable factors and foreign reasons, these problems hinder the decision are relatively mature experience in handling public events, the main items of legalization and defuse public events administrative decision science treatment and prevention for public events is a fundamental problem in public events of legalization of administrative decision-making must respond.
Keywords/Search Tags:Group events, executive decision, administration by law, local government
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