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Our Local Major Administrative Decision-making Procedures For Legislative Studies

Posted on:2012-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:X P DiFull Text:PDF
GTID:2216330368983748Subject:Constitution and Administrative Law
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Administrative decision-making is the core of management activities in government. Important administrative decision-making has wide influence, and the consequences of wrong decisions are often more serious than the general administrative decision-making. So the legal regulation of important administrative decision-making procedure is particularly necessary.Administrative decision-making process is the way, step, time and order that the administrative authorities which are ruled by law and their staffs to make an action plan, choice or decision. From the current administrative decision-making process legislative term, the main focus of regulatory law is the local important administrative decision-making process. Local administrative decision-making process by rule of law is good for preventing the abuse of public power, guaranteeing the scientific and democratic of the decision-making, regulating the decision-making process and improving the efficiency of administrative decision-making. The definition standard of"local important"which is not Single and unchangeable should be comprehensive considered. In accordance with the principles of fairness, democracy, scientific, efficiency, standardization, and constraints, important administrative decision-making legislative process should not only follows four general steps, which include discovering problems, setting goals, surveying and programming, evaluating and selecting program, implementing and revising program, but also follows some special System indicators, which are public participation, expert consultation, feasibility proof, legal review, cost-benefit analysis, information disclosure, Collective deliberation and etc.. Only by this way, we can make sure that administrative decision-making is rational.The article arranged comprehensively the existing regulatory documents of local important administrative decision-making process, which includes thirty-one provinces, municipalities and autonomous regions (excluding Hong Kong, Macao and Taiwan regions) and cities in our country. The author finds a lot of problems in these regulatory documents, for example, theoretical research, legislative system, institutional mechanisms, channels of participation, responsibility to monitor and text criterion. Therefore, the author makes legislative proposals in ideas, structure and system of decision-making. Through some reasonable procedures, we hope to find and measure the reasonableness of the administrative process, and the government management in dynamic equilibrium between the legitimate and rational.
Keywords/Search Tags:Local Legislation, Important Issues, Administrative Decision-making Procedure, Rule of Law
PDF Full Text Request
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