Local Administrative Decision-making Legal System Research In China

The local administrative decision-making is a subject that is highly valued by the ruling party in China, the central and local government in the period of social transition in China. The realistic significance of this subject is to foster the concept of modern local government under the rule of law, to construct the system of modern local administrative decision making, and to promote the construction of the local responsible government, the normative government and the rule of law government. Theoretical significance is to further explore the legislative value orientation of local administrative decision making---the ideal of procedural justice.In this paper, it defines the related concepts of the local administrative decision-making, to further clarify the meaning of the local administrative decision-making. Emphasizes on the construction of legal system of local administrative decision is to regulate the administrative behavior, to promote the exercise of administrative powers by administrative organs legal, justice, and efficiency. The local administrative organs and their staff according to the statutory authority, making a decision or determining the activities and process scheme through legal procedures on duties within the scope of the public affairs, to safeguard the legitimate rights and interests of citizens, legal persons or other organizations as a starting point, to promote administration according to law, the construction of the rule of law government for the purpose and comprehensive practice of "establishing the party for the public, ruling for the people" service tenet.Hunan Provincial Administrative Procedure (hereinafter referred (to as The Regulations) is China’s first local administrative procedures and regulations, its typical and representative caused many scholars to be concerned. Therefore, according to The Requirement, this paper investigated four aspects of The Regulations mainly on local administrative decision to explore The Regulations of legislative guidelines---procedures controlling ideology from the administrative decision-making body, the decision-making process, decision-making and oversight responsibilities. On The Regulations, legislation on the legalization of local administrative decisions is reviewed, and analyzed practical significance The Regulations for the legalization of local administrative decisions. Finally, the paper points out that the inadequacy of the local administrative decisions about the legal system in The Regulations should be improved. The Regulations as China’s first specifically designed to regulate the behavior of government regulations on the construction of responsible government, the rule of law regulating government and the government has been actively exploring fruitful for the legalization of local administrative decisions provided valuable experience template.This paper attempts to the main content on the experience of local administrative decisions in The Regulations as a template for local administrative decision to build the legal system. Discussion on local administrative decision that legalized legislation guiding ideology---procedural justice philosophy, from the four aspects of the local administrative decision legalization proposed the ideas:(1) To establish a scientific system of local administrative decision-making body;(2) To improve the procedural system of local administrative decision-making;(3)To improve the supervision system of local administrative decision-making;(4) To improve the liability regime of local administrative decision-making.