Study On Local Legislation Of Important Administrative Decision-making Procedure

In modern society,the power of the executive is greatly spread.Taking control of the government through administrative procedures is a necessary requirement of a country ruled by law.As a major administrative decision affecting the overall economic development,involving many stakeholders in the administrative power.If it can not be effectively controlled and restricted,it will possibly cause irreparable huge losses to the public,society and the country.In order to limit this huge administrative power,the legislation of major administrative decision-making procedures came into being.However,due to the lack of legislation on major administrative decision-making procedures at the central level in our country,the legislation at the local level has caused problems such as lack of feasibility,lack of feasibility,structural disorder and vague provisions.Therefore,it is necessary to conduct in-depth research and discussion on the local legislation of major administrative decision-making procedures so as to make them more perfect.In the first part,by combing the history of development and summarizing the statistics of the existing and effective local legislation,we can understand the operation and development law of the local legislation of the major administrative decision-making procedures at the practical level.By analyzing the relationship between legislation at the central and local levels and the significance of local legislation in major administrative decision-making processes,we can grasp the theoretical basis for its existence and operation.The second part analyzes the existing problems from four factors: the level of local legislation,the scope of decision-making,the decision-making process and the system of responsibility.The imminent promulgation of the provisional regulations on major administrative decision-making procedures will be a better alternative to local laws and regulations to solve the problem of too low rank in local legislation.According to the research element of decision-making procedure,this paper analyzes the problems existing in the five legal procedures such as public participation,expert argumentation,risk assessment,legality examination and collective discussion and decision from the perspective of commonness and individuality.It is found that the general problems of the five legal procedures are the general obscure provisions,the chaotic system structure and so on.The individual problems are the public participation hearing system and the feedback mechanism are imperfect,the neutrality and professionalism of the expert argumentation are difficult to guarantee,the risk assessmentreport lacks obligatory effect,Sexual review process is not perfect,the collective discussion and decision-making process is not documented leaving mark system and so on.The problem of decision-making scope is mainly qualitative analysis of the range of scientific decision-making difficult to scientifically define.The problems of accountability system are mainly the lack of operability of the articles and the lack of connection with other departmental laws.The third part puts forward corresponding suggestions for the above problems.Including the proposal of establishing and perfecting the central-level legislation,quantifying the basic principles of the standard,perfecting the five major statutory procedures and enhancing the accountability of the legal responsibility system.The specific measures for perfecting the five statutory procedures must be to systematically construct the five essential procedures in the system of articles,improve the hearing system and feedback mechanism in public participation,guarantee the neutrality and scientificness of expert argumentation,and stipulate the risk assessment report The compulsory effect of improving the legitimacy of the review system,the process of collective discussion and decision archiving system.