Legitimacy Censorship Administrative Decisions

In the construction of the rule of law and government, legitimacy of review of the administrative decision-making is playing an important role. This paper aims to study the exising theory of administrative decisions, in order to strictly distinguish the difference between the legality of the administrative decision-making review and related concepts,defining the legality of administrative decisions as a prior legitimacy review. Combined with relevant case and legal combing, we can analysis of the current practice,from the specific implementat ion of the legality of the administrative decision-making and related issues. On the basis of analysis and generalization, we can improve the specific elements of the review of the legality of the administrative decision-making, by the body of the scope, review criteria and review results of administrative decision-making. The body of the legality of the administrative decision-making trial has been refined, clarified the specific legal organs of the review and optimized the review mode,for different types of administrative decisions. Through the principle of provides,target range and scope of authority involved in the review of the legality of the administrative decision-making can be clearly defined.From the broad understanding of the concept of law, the laws and principles have been contained in the substantive of examination standards, combined the democracy and science, justice and efficiency together, in the standard of procedural legitimacy. To the results of the’review of the legal ity of the administrative decision-making, we can clear the specific responsibility of violation of the legality review of behavior, establish accountability of officials of Joint mechanism including the staff that who has significant influence, and make provision for the examining of the decision-making effectiveness attribution. In this paper, from the perspective of the Law, I have been tried to put forward a more comprehensive and systematic view, providing theoretical and institutional guarantees support for the democratization of the decision-making of our administrative, contributing for the rule of law in China.