Administrative Decision-making And The Rule Of Law Study

Administrative decision-making is the first link in administrative management and plays as the key role. However, for a long time, administrative decision-making has seldom caused any attention or deep research by administrative law masters. Furthermore, legal research about observing and studying the important decision-making from a law angle is still a complete blank. As an administrative law learner, the writer confirms the important place of administrative decision-making power and administrative decision-making deeds in administrative law from beginning a study of the key concept of both administrative management and administrative law. Ruled-by-law mainly refers to lawful subject of administrative decision-making, administrative decision-making rules by law, administrative decision-making progress by law, ruling-by-law and administrative decision-making supervision, and legal responsibility of administrative decision-making.In the writer's opinion, administrative decision-making of ruling by law should follow subject limit principle, action limit principle and process limit principle. At the same time, administrative decision-making of ruling by law should include four basic aspects: having perfect laws and rules about government administrative decision-making action, making administrative decision rigidly by law, restricting administrative decision-making power, bound responsibility if breaking the law. As the logical starting point of administrative decision-making of ruling by law, lawful administrative decision-making subject is the material bearer and behaving body of administrative decision-making power, is the object of administrative decision-making supervision as well as the legal responsibility of administrative decision-making. The legal status and administrative decision-making power's limit should be defined by law. Meanwhile, the subject's legal qualification and its constriction should also be made clear. When comes to the administrative decision-making of ruling by law, the writer focus on the conflict between administrative decision-making power and legislative body's decision-making power, and discusses how to make a choice in solving the problem. By analyzing the relation between administrative decision-making process and administrative process, the writer raises basic principle of administrative decision-making process, poses the legal process and system of important administrative decision-making issues. By presenting the establishment and practices of Price Listening Process, the writer introduces the processes of important administrative decision-making. Last but not least, the establishment of administrative decision-making legal responsibility is the final guarantee ofadministrative decision-making that ruled by law. The writer believes that establishing and carrying out an administrative decision-making responsibility system will play a key part in solving the potential practice problem of" group leading, individual responsibility", which is a special phenomenon in our country's administrative decision-making system. As for the legal supervision of administrative decision-making, it should be intensified from three aspects, including the supervision of the higher administrative bureaus to the lower levels , the supervision of power office, and the supervision of legislation organs.