The Research Of Legal Regulations By Decision-making Process Of Administrative Subsidy

As a new type of payment administrative act,administrative subsidy is the government's intervention in market economy,which is more and more important in modern society.On comprehensively advancing the rule of law in 2014,"the central committee of the communist party of China decided to some issues of clearly put forward that the public participation,expert argumentation,risk assessment,the legitimacy review,collective discussion decided to determine the legal procedures for major administrative decision-making.As the pilot program of administrative subsidy,the administrative subsidy decision procedure plays a key role in the government's decision on administrative subsidy,but it has not been discussed in detail.Based on administrative subsidies decision-making process as the research object,using cost-benefit analysis,game equilibrium analysis and legal norm analysis methods,administrative subsidies for existing in the decision-making process with incomplete information,lack of legal regulation,decision making decisions without considering exit mechanism,the decision results express the lack of ambiguity,decision-making remedy mechanism and problems were analyzed.Aiming at these problems,based on the types of administrative subsidies decision-making process as a starting point,combining with specific economic regulation means and legal means,puts forward the administrative decision-making general procedure,administrative subsidies in the special procedure and administrative remedy procedure of subsidies regulation ideas and methods,and put forward specific legislative proposals.In addition to the introduction,this article includes four parts.The first part introduces the administrative law foundation of administrative subsidy.This part talks the meaning of administrative subsidies and type was summarized and combing,and with government subsidies,executive pay,in administrative relief and other related concepts,in order to clarify the concept of administrative subsidies.At the same time,the distinction between price subsidies,subsidies tax subsidies,loans and other means,on the basis of the government to make the timing of the administrative action is a standard,subsidies for administrative decision-making procedures in the administrative action to locate in the process of decision.In the second part,the administrative subsidy decision procedure is analyzed.From the general theory of law and economics as a starting point,with its basic assumptions,the basisof the basic theory and analysis method,and through the example shows that the method research the feasibility and practical value of administrative subsidies decision-making problem.This section attempts to use cost-benefit analysis and game equilibrium analysis method,and with PVC board industry in our country as the research object,analysis the government subsidies administrative decisions for scientific evaluation and argument,to reduce the pollution of the environment,thus promote the role of improving social welfare.The third part introduces the problems existing in the legislation and practice of administrative subsidy decision-making procedure.Through to the government of the legal origin and legal status of administrative subsidies analysis and combined with the specific scope of the administrative areas of subsidies,summarized and analyzed the current administrative subsidies decision-making process on the problems existing in the legislation.At the same time,combining with specific judicial cases,the problems existing in the practice of administrative subsidy decision-making process in China are analyzed and sorted out.Finally,this paper summarizes the causes of the decision-making process of administrative subsidies in China by combining cost benefit analysis,game equilibrium analysis and legal empirical analysis.The fourth part introduces the regulation method and perfect suggestion of administrative subsidy decision procedure.This section to the basic principles of administrative law for administrative subsidies for decision-making of the government limited role for argument premise,with subsidies to administrative general procedure,administrative decision-making and decision-making special procedure and administrative remedy procedure of subsidies for the analysis framework,combining the administrative decision-making process of government subsidies,the other party,and other stakeholders interests orientation factor,put forward the effective regulation of administrative subsidies improve the mechanism of decision-making process.