Research On Risk Assessment System Of Major Administrative Decision In China

The fourth Plenary session of the 18 th CPC Central Committee proposed to improve the decision-making mechanism according to law.Public participation,expert argumentation,risk assessment.This is an important institutional arrangement for comprehensively promoting the rule of law and building a socialist country ruled by law,as well as an important step to realize the modernization of the national governance system and governance capacity.To carry out the legalization of major administrative decision,we should theoretically study the basic connotation,legal nature and theoretical basis of major decision-making behavior and risk assessment,and define it from the angle of quantitative and qualitative analysis.At the same time,the practice of institutionalizing and legalizing major administrative decision-making procedures at the central and local levels is considered to be significant.Administrative decision-making risk assessment provides a reference.Based on the investigation and analysis of national norms and local practices,this paper finds that the practice of major administrative decisions and their risk assessment system provides beneficial experience for our country to administer according to law and build a government ruled by law,but also exposes some problems.Due to the lack of unified norms for risk assessment of major administrative decisions,the practice of risk assessment in various places is rather chaotic;the risk subjects are formally separated and substantiallyconsistent,and the public participation and risk assessment procedures are not linked up.Low level of public participation and lack of professionalism in risk assessment;in the scope of risk assessment,local authorities are not clear about specific decision-making matters and what constitutes significant boundaries,and risk assessment packages In the procedural norms,there are local and national level provisions,local and local provisions procedures differences,in specific practice,there are also non-standard or differentiated implementation phenomenon.Because of the asymmetry of information in the risk assessment of major administrative decision,it affects the democracy and universality of risk assessment,and the responsibility is not clear,so it is difficult to track down the responsibility.In view of the above major administrative decision-making risk norms and practical problems,and draw lessons from the beneficial experience of overseas risk assessment,this paper puts forward the following suggestions: to establish a unified norms for risk assessment of major administrative decision-making,To provide the basis and reference for the local risk assessment practice,to adhere to the basic principle of separating the risk assessment subject from the decision-making subject,to reasonably link up the public participation in the risk assessment procedure,to improve the public participation,and to introduce the third party service organization,Measures such as expert consultation to ensure the materialization of risk assessment,the formation of a relatively standard risk assessment procedure,including the initiation and preparation ofthe assessment,the selection of the subject,and the evaluation Program planning,implementation of the evaluation and writing of the evaluation report to ensure that the process of risk assessment justice can be achieved.In addition,it is necessary to perfect the mechanism of investigating the responsibility of risk assessment from the supporting systems such as the information disclosure system,and to provide a supporting guarantee for the implementation of the risk assessment system.