Research On Legal Norms Of Administrative Decision-making

This paper takes the legal norms of administrative decision-making as the research object,analyzes the basic theory,logical structure,uncertain legal concept,legal effect,academic dispute and other issues of the legal system of administrative decision-making,States,refines,differentiates and demonstrates the legal expression of administrative decision-making,and constructs the legal theory of administrative decision-making,centering on the conceptualization,systematization and application of hermeneutics On system.The structure of the thesis is divided into five chapters according to the theme and logical order of the thesis.The first chapter studies the legal concept of administrative decision-making.This paper puts forward the meaning of the conceptualization of administrative decision,analyzes the main difficulties of realizing the conceptualization and systematization of administrative decision in law,and systematically combs and analyzes the academic attitude and solutions to the conceptualization of administrative decision.In order to prove the premise of the establishment of the concept of administrative decision-making law,this paper responds to the main criticism faced by the concept of administrative decision-making law,mainly focusing on the different views of administrative science and administrative law on administrative decision-making,the relationship between administrative decision-making and the logical system of administrative law,and the communication function of administrative decision-making as the concept of law.An important reason why it is difficult to conceptualize administrative decision-making is that administrative decision-making can not be constructed by the theory of administrative act form.Therefore,this paper analyzes the relationship between the methodology of administrative law and administrative decision-making,including the theory of administrative act form,the theory of administrative process,the theory of administrative legal relationship,the theory of administrative law regulation,and puts forward the viewpoint that it is appropriate to study and construct the theory of administrative legal relationship.The last part of this chapter puts forward the concept of administrative decision-making law,analyzes the composition of the concept,analyzes the similar concepts,and puts forward the characteristics of the concept of administrative decision-making law.The second chapter studies the value concept of administrative decision-making.Scientific decision-making,democratic decision-making and legal decision-making constitute the logic system of administrative decision-making value.The nature and connotation of science are different from empiricism,positivism,logical empiricism and rationalism.Science is the embodiment of rationality,administrative decision-making is based on instrumental rationality,and efficiency is the value core of scientific decision-making.This core of value is based on the separation of fact and value,bureaucracy and scientific management theory.Scientific administrative decision-making includes four aspects: specialization of decision-making organization,standardization of decision-making procedures,standardization of decision-making methods and modernization of decision-making system.The theoretical origin of democratic decision-making is consultative democracy.The theory of deliberative democracy has experienced the first,second and third generation of theoretical development,which can be divided into two categories: Micro deliberative democracy and macro deliberative democracy.Democratic decision-making has an impact on many aspects of administrative decision-making,such as legal subject,decision-making method,decision-making procedure,decision-making responsibility and decision-making legitimacy.The value orientation of decision-making according to law is formal legality,which has five principles: Legal superiority,legal reservation,ultra vires invalidity,administrative openness and due process.Its content includes four aspects: legal authority,legal procedure,legal content and legal responsibility.The value of administrative decision is directly related to the crisis of legalization of administrative decision.There is an internal tension among the three values of administrative decision-making,which needs to be integrated.Good governance is the ultimate value goal of administrative decision-making.The third chapter studies the legal subject of administrative decision-making.This paper combs the legal text and legal expression of administrative decision-making body,and puts forward the concept of administrative decision-making legal body on the basis of reflecting and reviewing the theory of administrative subject.The decision-making power of the decision-making organs should be determined from the aspects of standards,exclusions,catalogue system,etc.This paper analyzes the specific functions and powers of the decision-making organ,the legal status of the person in charge of the decision-making organ and the legal subject of the joint office of the party and government.Public participation analyzes the subject qualification standard,specific groups of public participation,representatives and agents of public participation,specifically analyzes the right to know,expression and supervision of public participation,discusses the legal subject of public participation under big data,and demonstrates the legal status of public participation.As one of the legal subjects of administrative decision-making,experts' rights include the right to independently carry out argumentation work,the right to fully express argumentation opinions,and the right to obtain remuneration,while their obligations include confidentiality obligation,interpretation obligation,avoidance obligation,etc.the legal qualification and legal status of experts mainly come from the attributes of experts pointing to public interests.The fourth chapter studies the legal procedure of administrative decision.The legal procedure of administrative decision-making can be divided into three stages: draft decision-making,decision-making and decision implementation.In the decision-making starting procedure,it focuses on the right of citizens,legal persons or other organizations to suggest decision-making starting.In the process of public participation,it focuses on the theoretical origin,classification,functional orientation,legal provisions,scope of application,and the effectiveness of hearing records.In the process of expert argumentation,the function orientation and procedure of expert argumentation are studied.In the process of risk assessment,the theory of risk regulation,assessment subject,assessment content,assessment procedure and assessment effect are studied.In the process of legality review,the connotation,subject,content or scope and legal effect of legality review are studied.In the process of collective discussion and decision-making,the nature of collective discussion and decision-making,legal procedures and exemption clauses are studied.In the process of post decision evaluation,the value,starting condition,subject,standard,content and legal effect of post decision evaluation are studied.In the stage of decision implementation,the decision adjustment and decision termination procedures are also analyzed.The Fifth Chapter studies the judicial review and accountability of administrative decision-making.The principle of maturity of administrative action,the theory of abstract administrative action and the theory of interest in litigation hinder the administrative decision-making from being brought into administrative litigation.Administrative trial provides a possible direction for judicial review of administrative decision-making from five aspects: public interest litigation,justicability of periodic actions of administrative decisions,approval actions and meeting minutes of administrative decisions with external effectiveness,disclosure of government decision-making information and protection of procedural rights of public participation.However,the nature of administrative decision itself determines thatjudicial review of administrative decision-making can only take the minimum review method.As far as the accountability of administrative decision-making is concerned,there are some dilemmas,such as the single trigger mechanism of accountability,the difficulty of determining the subject of responsibility,the complexity of the types of responsibility,and the unclear principle of responsibility.In order to legalize the accountability of administrative decision-making,it is necessary to clarify the subject of responsibility,the form of responsibility and the principle of responsibility attribution,and improve the starting procedure,investigation procedure and punishment procedure of accountability of administrative decision-making.