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The Research Of Expert Consulting System In Administrative Decision-making

Posted on:2016-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LvFull Text:PDF
GTID:2296330467494824Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The expert consulting system in administrative decision-making is of greatsignificance to promote democratic and scientific administrative decision-making.Expert consulting system involves experts into administrative decision-making, thusto integrate professional knowledge into administrative decision-making. Expertconsulting is a necessary part in administrative decision-making process foradministrative organ and exercises a certain degree of constraint over itsdecision-making power. However, expert consulting system in administrativedecision-making currently has certain problems which lead to the failure of bringingit into full play. In order to perfect expert consulting system in administrativedecision-making, the thesis has analyzed its status quo and the problems and putforward some strategies on the basis of drawing experiences of foreign countries.The thesis at first lists some basic theories of expert consulting system inadministrative decision-making. The author firstly defines the concept of expert. Hethinks that a qualified expert should not only be proficient in expertise, but alsopossess noble personality and hold a neutral position. Then the thesis discusses expertconsulting and expert consulting system. Secondly, the thesis analyzes the necessityof introducing expert consulting system into administrative decision-making process,which is good to deliberative democratic theory, expert rationality theory andSelf-restraint in administration. What’s more, the thesis also points out thesignificance of the introduction of expert consulting system. In addition, this part hasgiven a basic understanding of expert consulting system in administrativedecision-making in our country.After the introduction of theoretical framework, the thesis then probes into thepractice of the system. Firstly, the thesis simply points out the development of expertconsulting system in administrative decision-making. Then the author simplydescribes the current situation in our country. He states that there are manyimprovements in the legislation and institutional framework and in practice. Secondly, the author analyzes the status quo and sums up the deficiencies. Due to the existingproblems in the legislations and institutions, the expert consulting system inadministrative decision-making fails to fully function in decision-making process.Besides, the unbalanced development of institutional framework is an importantreason to impede its implementation. Therefore, related solutions are urgently in needto solve these problems.Then, this thesis observes and draws lessons from foreign expert consultingsystem in administrative decision-making, mainly from Japan and America. Expertconsulting system in administrative decision-making in Japan centers on deliberativeassembly, which has many advantages in many aspects. For example, under such asystem, the panel is composed of diverse experts and the laws also confirm andprotect the system. America’s expert consulting system of administrativedecision-making also has its merits. The Federal Advisory Committee Act plays a keyrole in normalizing it. The act makes regulations in each aspect of the system,including the establishment of expert consultant agencies, the composition of ExpertConsultation Committee, the range of expert consulting and the public release ofconsulting process and result.Finally, on the basis of experience of Japan and America, the thesis puts forwardto the solutions to the problems which currently exist in the expert consulting systemin administrative decision-making in our country. Law is the fundament of a countryunder the rule of law, and experience of Japan and America shows that law is crucialto the improvement of the system. Hence, the first solution is to confirm its status andestablishment in the administrative procedure by legislation; and perfects its concreteinstitution through administrative regulations and local laws.It should be standardized and institutionalized in such aspects as consulting scope,expert selection, expert’s rights, obligations and responsibility, consulting procedure,information disclosure. The second approach is to build and perfect the multi-layeredexpert consultation system in administrative decision-making by developingnongovernmental and semi-official expert consulting system to provide thefoundation for its development. The third approach is to draw more attention of administrative organs to expert consulting system in administrative decision-makingby stressing its importance.
Keywords/Search Tags:Administrative Decision-making, Expert Consultation, Expert ConsultingSystem
PDF Full Text Request
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