Study On Making Executive Decision On A Legal Basis In China

Executive decisions have a direct bearing on the interests of nation and people as well as thedevelopment of society. With the reform and opening, we perfect the executive decisionsystem, set up executive decision auxiliary mechanism, modern our executive decision means,and a legal executive decision making environment is on the way. However, making executivedecision illegally occurs sometimes since the criterion is unclear, which leaves heavy losses tothe nation and people's interest.The illegal executive decision, which means the executive decision-maker carries out anillegal action that can cause damage to public interest or the lawful rights of administrativecounterpart, is opposed to the legal one. The causation of illegal executive decision includesthe ideas of rule by men, government uneven interest drive and the absence of legal regulation.The legalization of executive decision is the best choice to avoid the illegal decision, whichderives from the idea of law to the control of the administration. The legalization of executivedecision has a important meaning for guaranteeing the executive decision scientific andrealising of democratization, raising administrative efficiency and promoting the developmentof socialism market economy. Although the executive decision system in the flourishingnation differs from each other, but all has already realized the transformation from nonproceduredecision to procedure decision, from irregular decision to regular decision.The exsistence of good and comlete law system is the premise and guarantee of thelegalization of executive decision. So the subjec, content, procedure of executive decision andthe professional competence, legal responsibility of decision-maker, should be regulated bylaw. Also, the value orientation of executive decision as science, equity, democracy andefficiency should be well defined so as to ensure the justification and validity of theadministrative objective. Besides, in consideration of the discretion of executive decision, weshould establish some fundamental principles to exercise authority within the law.