The Study On The Problems And Improvement Countermeasures Of Expert Demonstration In Administrative Decision In China

Under the background of ruling the country by law in a comprehensive way,the administrative management in our country presents a scientific,democratic,rule of law and efficient trend of modernization.As the core issue of administrative management,the administrative decision involves a growing range of interests.The quality of decision-making represents the administrative of the government and whether the realization of public interest and the success of national governance can be achieved or not depends upon a scientific and reasonable decision-making or not.A procedure that significant administrative decision must be demonstrated by experts was raised in 2004 in our country to improve the scientific degree of administrative decision and standardize the decision-making process.But this procedure created many unsatisfactory problems due to multifaceted reasons in practice.And even in some areas the experts proved that the practice has gone against the original intention of this procedure.To improve the research on the administrative decision theory of our country,try to put forward the valuable direction of perfection to the practice of expert demonstration and finally raise the level of scientization and democratization of administrative decision in our country,this paper makes a study on the problem of expert demonstration in administrative decision in five chapters.To make a full argument,various research methods,such as literature review,case analysis and comparative analysis,can be shown in this paper.This paper makes a literature review of the research on the expert demonstration here and abroad from the research background and significance as a jumping-off point.In the first part,we first define the related concepts of expert demonstration in administrative decision and give the theoretical basis of this paper,which is based on the deliberative democracy theory and public choice theory.This part also expounds the necessity of the expert demonstration in the administrative decision from different angles.The second part introduces the development history of expert demonstration in administrative decision in our country from the historical origin and development of two aspects.And it describes the situation of the expert demonstration in our country from the two aspects of legislation and practice and then makes a summary on the advantages and effects of the practice about the procedure of expert demonstration.The next chapter,the third chapter,is the core of this paper.Firstly taking the process of expert demonstration as the main line,combined with some cases in the practice of decision making in our country,this chapter reorganizes the five problems existing in the expert demonstration of our country.These problems are summarized as the decision-making process omitting the expert demonstration procedure,being unscientific in expert selection mechanism and composition,being difficult to guarantee the independence and scientific nature of the expert speech,being difficult to carry out the expert argument opinion effectively and introducing the folk think-tank and the market factor insufficiently.Then this chapter digs deep into the above problems,which analyzes the reasons from four aspects: decision concept,legal system,decision subject and expert responsibility.On the basis of the introduction on system of expert demonstration in administrative decision in USA,Japan and Germany,the fourth part makes a comparison on demonstration of Chinese and foreign experts in administrative decision from three aspects which can be summarized as system,procedure and execution.And then it gives an excellent experience of foreign expert demonstration.In the last part,the author tries to put forward some improvement countermeasures for the problems existing in the administrative decision of expert demonstration in China.At first the author analyzes the principles of the expert demonstration in administrative decision,including independent principle,moderate principle,open principle and scientific principle.On this basis,the author proposes some improvement suggestions to the administrative decision of expert demonstration from these five facts including concept,institution,mechanism,main body and external supervision.