Research On Social Stability Risk Assessment System Of Major Administrative Decisions

Social risk forces risk assessment.The risk assessment system of social stability of major administrative decisions(hereinafter referred to as stability assessment)is a system scheme of risk regulation with local characteristics,which originated from the social impact assessment system in the early 21st century and gradually grew into a system of risk regulation after more than ten years of popularization.And it is devoted to the prevention and control of constructive risks in major administrative decisions and improve the legitimacy and legitimacy of administrative actions.In 2005,Suining,Sichuan Province,pioneered the practice of stability assessment,Beijing,Shanghai,Jiangsu,Chongqing,Gansu,Guizhou and other places established a stability assessment paradigm with local conditions and unique local characteristics by reference.In 2012,the General Office of the CPC Central Committee and the General Office of the State Council issued the Guiding Opinions on Establishing and Improving the Risk Assessment Mechanism for Social Stability on Major Decision-Making Items(for Trial Implementation),which produced the core system for stability assessment.In 2019,the interim regulations on major administrative decision-making procedures issued by the State Council listed "risk assessment" as a legal procedure for major administrative decision-making draft.It marks the establishment of rules and regulations in the top-level design of the system of stability assessment,which helps to make major administrative decisions scientific,democratic and legal.At the same time,it means that in the past,stability assessment was rigidly limited to the solidified situation of administrative management,sociology and other disciplines,and will become a new proposition of administrative law.In the context of building a higher level of safety in China during the 14th Five-Year Plan period,this paper takes the stability assessment as a research object,analyzes the legal texts and empirical status of the current stability assessment,and examines the shortcomings of the stability assessment in the current situation,so as to put forward the measures to improve the stability assessment system.The first chapter is the theoretical basis of social stability risk assessment system for major administrative decisions.The background of stability assessment is derived from the risk society.Under the context of risk society,"risk" has replaced "danger" and become the main melody of the risk society.The risk of modernity induced by high technology and social development challenges the legitimacy of administration and the risk administration,as a normal form of administrative activities,andsteps towards the stage of reality.In China,the word "risk" is discussed in many legal texts,and "risk" is also expressed in multiple dimensions according to the different objects of legal regulations in Chinese laws.Under the background of the rapid growth and spread of the risk of modernity,the spillover of major administrative decision-making risks is undoubtedly revealed.Risk cognition has changed from "cost-benefit" to "risk-bene fit",risk communication has moved from "rational-tool" to"negotiation-construction",and it has become an inevitable trend to promote risk decision-making from "risk is difficult to determine" to "risk prevention and pre-control".Therefore,stability assessment,which originated from social impact assessment,has officially become a strategic tool for risk regulation of major administrative decisions after three stages of initial,exploration and standardization in the early 21st century.Stability assessment combines consultative democracy,evidence-based decision-making and the emergency of the rule of law about the goal orientation.The second chapter reviews and sorts out the legal process of social stability risk assessment from the institutional level based on the Interim Regulations on Major Administrative Decision-making Procedures of the State Council,and at the same time provides a foundation for the subsequent papers.From the perspective of the broad legal system,the review of the current legal process of stability assessment focuses on two dimensions:the central and local dimension,and generally presents a legal pattern of"normative documents are the main,and there is no specialized legislation".The Provisional Regulations on Major Ad ministrative Dec is io n-Making Procedures will set stability assessment as a legal procedure for major administrative decisions,not only based on the need of scientific,democratic and rule of law decision-making,but also taking into account the need to curb the spillover of decision-making risks,to add risk "firewalls" and to expand the channels for public participation in major administrative decisions.After this,the stability assessment from the previous normative documents and local leaders repeatedly ordered the"necessary procedures" to the "legal procedures." At the same time,there are also different,interactive and dependent relationships between stability assessment and the other four legal procedures of major administrative dec is io n-making:public participation,expert demonstration,legitimacy review and collective discussion.Although the Interim Regulations on Major Administrative Decision-making Procedures have formed a good regulation effect on the stability assessment system,the excessive fuzzy provisions,the relatively empty provisions in the text and the insufficient implementation force make part of the problems existing in the stability assessment lack of concrete operational guidance,and some new problems arise at the same time.The refinement of the authority and procedures will be the key to improving the stability of the legal system.The third chapter is the status quo of social stability risk assessment of major administrative decisions.Focus on empirical analysis.Firstly,typical cases are introduced,including major policy stability assessment and "NIMBY" project stability assessment,which is carried out from case background,assessment process and assessment results.Secondly,from the perspective of risk regulation,the above cases are evaluated and analyzed,and there are three conclusions are drawn,that is,the basic issue of stability assessment is the uncertainty of risk decision-making,the principle orientation of stability assessment is the principle of risk prevention,and the principle of stability assessment is the protection of risk interests in major administrative decisions.Later,an exploration of the stability assessment system from the multi-dimensional perspectives of mode,mechanism and supporting elements enables a more systematic review of the operation status of stability assessment.The stability assessment model can be divided into two types:"experiential assessment" which is centered by experts within the administrative system and "participatory assessment" which integrates multiple stakeholders.In practice,the two are somewhat divided but not mutually exclusive,showing a "compatible" form."Participatory assessment" emphasizes more public participation,and also includes expert argumentation and third-party participation.There are obvious differences between the two modes of "experiential" and "participatory" in terms of composition,evaluation basis,evaluation mechanism,dialogue mode,evaluation quality and cost dissipation.As an operational step separated from the "process" of the stability assessment system,the core content of the stability assessment mechanism includes three dimensions:entity,procedure and responsibility.The mechanism is the internal logic of the stability assessment mechanism,which extends the "process" attribute of the stability assessment mechanism.The supporting elements of stability assessment are not only the mode and mechanism of stability assessment,but also other elements supporting the system of stability assessment,including the power and responsibility system of competent departments,the scientific legislation of stability assessment,the degree of recognition of stability assessment by the "key minority" of local cadres,and the coverage and synergy of stability assessment in major administrative decision-making procedures.The fourth chapter examines the problems of social stability risk assessment of major administrative decisions.Examining the problem is helpful to remedy the case and provide reference for the improvement of the stability assessment system.From the stability assessment mechanism,mode and supporting elements.The core problem of the "empirical evaluation" mode is that "one makes decisions by oneself and evaluates by oneself".The evaluation lacks public credibility,which is exemplified by the "short-lived medical reform"in Chongqing in 2015.In the "participatory assessment",public participation focuses on democratic "disintegration" and participation formalization,expert argumentation is characterized by "public opinion-professional" anomie and experts are easily "captured".Third-party evaluation is reflected in three aspects:no substantive entry threshold,backward evaluation technology and absence of trade associations.On the other hand,at the entity level,the stability assessment mechanism produces the subject confusion,the major administrative decision-making "easy to evaluate but difficult to evaluate",the process error of the assessment procedure,the "cross-border" intervention assessment of the ad minis trative power,as well as the absence of the stability assessment responsibility system and the "decoupling"from the judicial review,which without exception hinders the smooth operation of the stability assessment mechanism.As for the supporting elements of stability assessment,the problems are gathered in stability evaluation as a kind of administrative power,and the stability maintenance department is not only the competent unit but also the main body of the assessment,which leads to the mismatch of powers and responsibilities.The lack of stability assessment of local legislation leads to the strengthening of the authority of local officials personification,as well as some practical "side effects";drived by self-interest and responsibility avoidance,local leading cadres,as the "key minority",have a "lazy evaluation"mentality towards stability assessment.The inertia influence of "only GDP" makes them turn a deaf eye to stability evaluation,and the high assessment pressure drives them to be good at artificially manipulating the effectiveness of stability evaluation,and arbitrarily "stop" the decision-making matters that can easily cause social stability.Finally,there is a disconnection between stability assessment and risk management of major administrative decisions,and stability assessment is limited to the formulation stage of major administrative decision drafts,rather than the whole process from formulation to implementation and feedback of major administrative decisions.The fifth chapter is the system perfection of social stability risk assessment of major administrative decisions.A governance system can not be perfect,but conform to the actual process of perfection.First of all,the evaluation model of "experience&participation" is driven by dialectical co-governance.On the basis of the principle of proportionality,this paper puts forward the basic idea of the current stability assessment model,that is,the "cooperative"governance model,which should not only improve the inclusiveness of the "empirical assessment",but also put forward the basic requirements for public participation,expert demonstration and third-party participation.The concrete path lies in extending the cooperation orientation of "empirical evaluation",promoting the public’s substantive participation in stable evaluation,perfecting the expert demonstration model with both neutrality and professionalism,and promoting the systematization of the third party model of stable evaluation.This paper puts forward the due process principle as the scientific basis,and constructs the "evidence-based" stable evaluation mechanism based on the evidence-based decision-making concept with the generation,utilization and guarantee of "evidence" as the core.The specific paths include:in entity,we will assign the assessment subject and implement the "due assessment";in procedure,we will promote the "empirical&intelligent"stability evaluation program reengineering;In terms of responsibility,we will improve the cohesive and match accountability system for stability assessment.Finally,to promote the rule of law for the stability of the supporting elements of the overall forward.The theoretical basis for perfecting the supporting elements of stability assessment is Xi Jinping’s thought of rule of law.The basic idea is the logical realization of the rule of law.The concrete path is to reasonably determine the power and responsibility system of the competent department of stability assessment,promote the local legislation of stability assessment,cultivate the scientific "stability assessment view" of local leading cadres,and improve the systematization of stability assessment and its combination with stability management.The last part is the conclusion.This paper further expounds the relationship between stable evaluation and major ad ministrative decisions.The current stable evaluation system is more effective in preventing and controlling major administrative decision-making risks,but there are still many shortcomings.An essential aspect of the present and future is participation and cooperation.Participation is a description of conditions,qualifications and willingness,and cooperation is a deepening level on the basis of participation.The development of stability assessment system needs to integrate multi-subject participation on the basis of current,uphold cooperation will on the basis of dialogue,build cooperative blueprint,realize dialectical co-governance of risk regulation in major administrative decisions,and finally share the decision-making results in the process of reform,development and stability,it is also a new era of risk regulation in the major administrative decision-making.