Research On The Legalization Of Major Administrative Decision-making Procedures

China is a typical "administrative country",and the power of administrative decision-making exists universally in administrative activities,making administrative decision-making is the prerequisite for the implementation of specific administrative activities.However,in practice,there are frequent mistakes in administrative decision-making,there are still serious corruption problems behind administrative decision-making,moreover,maj or administrative decision-making has more long-term,core and overall characteristics than general administrative decision-making.Therefore,it is necessary to regulate the operation of major administrative decisions through legislation,which is not only the need of the government's construction of rule of law,but also the important guarantee of the realization of civil political rights,social rights and vital interests.To study the legalization of major administrative decision-making procedure,we should first distinguish major administrative decision-making from general administrative decision-making,and make a comparative analysis of their unique value attributes,then we can strictly regulate major administrative decision-making procedure,and then achieve the scientific and democratic content and procedure of major administrative decision-making.The draft of"Interim Regulations on Major Administrative Decision Procedures"(hereinafter referred to as"Interim Regulations")promulgated by the State Council has a positive significance in promoting the legalization of major administrative decision-making procedures in China:It not only provides uniform regulations on major matters at the central level,but also stipulates five necessary procedures for all levels to participate in decision-making and review and decision-making,major administrative decision-making procedures are brought into the orbit of rule of law,which enables administrative organs to make decisions according to law and rules,and avoid the appearance of such phenomena as "first-hand decision-making" and "patting the buttocks and leaving people".The legalization of major administrative decision-making procedures can regulate the power of administrative subjects,prevent irresponsible and reckless phenomena when administrative organs make major administrative decisions,and promote social harmony and stability and progress.To a certain extent,it can reduce the major liability accidents caused by major administrative decision-making mistakes,and reduce the group events without legal basis caused by major administrative decision-making mistakes.In the sense of procedural theory,it is helpful for the promulgation of the unified administrative procedural law in China.However,there are many problems in the process of implementing the rule of law in the major administrative decision-making procedure.Firstly,it is easy to lead to the conflict between the value of democracy and the value of administrative efficiency,the procedure pursues justice and democracy,however,the requirement of administrative activities is to operate efficiently,it is difficult to achieve both in the major administrative decision-making procedure,which puts forward the value choice of this legislation.Secondly,whether important or not can not be defined fundamentally and can only be determined quantitatively,which may expand the power of administrative organs and then infringe upon the decision-making power of major matters of the people's congress,in addition to the current situation of "no distinction between Party and government",most decisions are made by Party organizations,which makes it impossible for the Party,the People's Congress and the government to standardize their subjects in decision-making.Thirdly,the imperfect content of the preface and the lack of some important procedures(such as the pilot trial practice procedure)are liable to cause huge loss of public interests,huge consumption costs,and damage the credibility of the government,resulting in many negative impacts.This paper elaborates on the significance of major administrative decision-making procedure from general theory to value,and makes further analysis and Research on the challenges faced in its development,and puts forward some suggestions:First,to the greatest extent,to make a detailed distinction between the concept and scope of major administrative decision-making,to concretize the abstract concept,and to set a model for the decision-making power of major matters of the People's Congress.The second is to standardize the major decision-making procedures of Party organizations so as to realize the rule of law in major administrative decision-making procedures.The third is to standardize the specific implementation measures of various procedures to ensure the implementation of procedures in place.The fourth is to improve the pilot implementation mechanism of major administrative decision-making procedures,and to evaluate the beginning and end of major administrative decision-making,to improve decision-making through evaluation,and to Follow-up decision-making provides reference.Fifth,standardize the supervision and accountability mechanism of major administrative decision-making procedures,internal and external integration,administrative and judicial integration,and strengthen public supervision,so as to make major administrative decisions more fair and fair,procedures more perfect;standardize the accountability procedures of major administrative decisions,so that policy makers can be conscientiously responsible at the beginning of making major administrative decisions.By putting forward the above suggestions for improvement,this paper aims to make a modest contribution to the legalization of major administrative decision-making procedures,and to provide an executable path for the construction of a government ruled by law in China.