Under The Vision Of The Rule Of Law, Administrative Decision-making Process Optimization

In a sense, the history of decision-making is as long as the history of human civilization. Decision-making reflects the understanding of the objective world for human, and performs the degree of self-confidence about their actions and consequences. For several thousand years, consistently people explore for achieving the desired objectives, and promote the development of the mode and the ability of decision-making. As a policy-making branch, administrative decision-making is a vital part in it.Administrative decision-making is often a new topic. In recent years, the report of the administrative decision-making often appears in the news media: the pollution of Tuojiang River in Sichuan, the project of Yuanmingyuan'seepage, the project of PX in Xiamen......From the east areas to the west,these hot spots took place in difference, and they have gaps in the natural and economic condition. But the consensus is that there is a serious problem of running out of control about the administrative decision-making. As a researcher of administrative law, my concern is how to analyze the phenomenon of out of control of administrative decision-making in law. It can control the behavior of the decision-makers, and enhance the power of implementation, and reduce the frequency of error. Undoubtedly, it is the key to the administrative decision-making in rule of law, and it must help of the power of the process to implement its target. The dissertation attempts to the process of the routine administrative decision-making, which is an area that includes the broad influences,the complex interests and the prominent issues. As a starting, we discuss the problem about the optimization of the process of administrative decision-making.The structure of the dissertation is divided into four parts.The first part introduces the basic theory about the routine administrative decision-making. As decision-making is not the object of study of administrative law in tradition, it is the target of learning of administration and management. First, the dissert discusses the concept,characteristic and category of administrative decision-making in the view of law, and leads out the routine administrative decision-making. It tries to sort out the relation among rule of law, due process and the procedure of routine administrative decision-making in 3D, so administrative decision-making can locates well in the field of law. Based on the analysis about characteristics of administrative acts and own unique and particularity, the innovation of part the lies in qualifying the routine administrative decision-making as quasi-administrative actionThe second part briefs the practice of the procedure of the routine administrative decision-making at domestic and abroad. In our country, it leads the domestic situation about the of procedure administrative decision-making through case, and notes the transition characterization of the procedure of the decision-making in the traditional value, and foreshadows for the third part. In abroad, it looks the system of routine administrative decision-making as decision-making system under procedure control, and provides some inspirations for the optimization for administrative decision-making in China. The innovation of the part is that it summarizes the transition characterization of China's administrative decision-making through case.The third part is a focus of the dissertation, and constructs the system of the procedure of the routine administrative decision-making. First, it interprets the meaning in the optimization for the procedure to return to the constitution, and it could be as the position to the procedure of administrative decision-making. Secondly, it analyzes the principle and value. The interaction democracy and science, and the justice and efficiency are the due meaning in the procedure of administrative decision-making, and it is to be needed that they are harmonized the relationship. Finally, it optimizes the procedures, through improving the system, such as the disclosure of information, the participation of the public, the advice of the expert. It hopes to form a system of the procedure of the routine administrative decision-making with strict,effective and the Chinese characteristics.The fourth part is a substitute of conclusion, and the theme is how to rebuild the public's confidence in the government through the procedure of routine decision-making. The part may seem be few of contact with the article, but is the sublimation of the dissertation. As well known, any decision or legal purpose is not a thing of policy maker, but the interaction between policy maker and recipient. It may be a witness of the research of the administrative law. I research the procedure of the routine administrative decision-making as an object of law study, and hope to provide a new thinking. Of course, it will be a driving to continue to research on administrative decision-making.Administrative decision-making is a complex area, involving in the public policy,the administration,the management and the polity, and being considered the efficiency and administrative power. Traditional administrative law necessarily research the decision-making, it may be a witness in the administrative law. I research the procedure of the routine administrative decision-making for be incorporated into the scope of law easily, and hope to provide a new thinking. Of course, the research on administrative decision-making is not end, and it is a driving for the curiosity of the unknown areas.