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Research On Expert Argumentation Of Major Administrative Decision-Making

Posted on:2020-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:L M YangFull Text:PDF
GTID:2416330572494342Subject:Administrative law practice
Abstract/Summary:PDF Full Text Request
With the development of policy and legal system,expert demonstration has been widely used in the field of major administrative decision-making,and its design purpose is to make up for the rational insufficiency of independent decision-making of administrative organs,so as to make major administrative decisions more scientific.It is of great significance to strengthen the research on the expert argumentation system of major administrative decision-making and explore the way to realize the function of expert argumentation,which is very important to improve the effect of major administrative decision-making,to promote the realization of the legalization of administrative decision-making,and to take good and sound administrative decision-making mechanism.Taking the expert demonstration of major administrative decision-making as the research focus,this paper analyzes and discusses in detail the relevant concepts and functions,theoretical basis,existing problems,the causes of the problems and the countermeasures and suggestions for the realization of the functions of the experts in major administrative decision-making by means of theoretical analysis and empirical analysis.Firstly,this paper analyzes and defines the basic problems such as the connotation and function of the expert argumentation of major administrative decisions,and provides theoretical support for the study of the expert demonstration of major administrative decision-making by analyzing the theoretical basis of the expansion of administrative power and the rise of the executive State,the change of the mode of administrative rule of law,the theory of procedural justice and the theory Secondly,through combing the relevant legislation on the expert argumentation of major administrative decision-making,this paper shows that there are many defects and inadequacies in the theory and practice of the expert demonstration of major administrative decision-making,which are as follows: the level of standardization of expert argumentation procedure is not high,the selection criteria of experts are vague,the generation mode is not clear,The expert argument has different effect,the expert responsibility allocation is unclear,the expert argumentation content crosses the border and so on.Through the research,it is found that the main reasons are the influence of China's traditional culture and the current administrative system,the imperfection of major administrative decision-making legislation,the expert demonstration of major administrative decision-making in the practice level of the expert's own limitations,resource constraints,weak procedural supervision and so on.Finally,according to the problems existing in the expert argumentation of major administrative decision-making,the countermeasures and suggestions are put forward in a targeted manner.This paper strengthens the construction of modern administrative rule of law culture from the aspects of the construction of national rule of law culture,the thinking of leading cadres ' rule of law and the cultivation of decision-making consciousness,and guarantees the legal supply of expert argumentation from the aspects of perfecting the legislation and norms of major administrative decision expert argumentation,from optimizing expert selection and argumentation procedure disclosure rules To make clear the form of expert responsibility and the system of investigation,and to improve the supervision and relief system of expert argumentation procedure to promote the orderly operation of experts,so as to promote the functional realization of the expert demonstration of major administrative decision-making in these three aspects.
Keywords/Search Tags:major administrative decisions, Expert demonstration, Legal empirical analysis, Functional implementation
PDF Full Text Request
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