Research On The Risk Assessment System Of Major Administrative Decision-making

More and more local normative documents prescribed risk assessment as a part of major administrative decision-making procedure. It is becoming consensus that we can realize the risk of decision, and draw up the risk prevention and control measures in order to make a better decision through risk assessment. However, the provisions of the existing procedures is not very clear in some aspects like principles, contents, subjects, procedure and responsibility. Based on this, with the sample analysis of the local regulatory documents, the author tries to make a study of the risk assessment system of major administrative decision-making through the value analysis and case analysis.This article is divided into four parts, as follows:The first part is is aiming to clarify basic concepts of the risk assessment system of major administrative decision-making. Firstly, the author summarizes the concept and scope of the major administrative decision-making from the perspective of normative analysis. combining with the concept of risk we can analyze the types and causes of major administrative decision-making risk in order to determine the object of the risk assessment. And then through the comparison of risk assessment and risk management, we can clear that risk assessment contains both scientific estimates of risk and assessment of risk acceptability. At the end of this part, the author analyzes the necessity of the risk assessment system of major administrative decision-making.The second part has focused on the reason and the path of the risk assessment system of major administrative decision-making. The author first introduces the basic work of risk assessment, and points out that risk assessment is a kind of administrative discretion which need to be ruled by system. The author also analyzes the scientific and democratic elements of risk assessment which need to be guided by system. According to this, the author clarifies the relationship between law and the other two elements from the positive correlation, no correlation, negative correlation angles and the value of law to the risk assessment system from the perspective of law policy and administrative process theory. The third part mainly introduces the domestic and foreign practices of the risk assessment system of major administrative decision-making. The research of domestic part takes the central file and local regulatory documents as samples in order to sum up the problems existed in the necessity, independence, and responsibility of risk assessment system. The research of foreign part contains the risk assessment practice of Britain, the United States, Germany and the SPS agreement, whose concept, methods, organizations and principles can be useful to us.The fourth part of the paper taking the holidays high-speed free policy as an example, puts forward suggestions to perfect our major administrative decision-making risk assessment system. This paper first establishes three principles and clarifies the relationship between them. The first one is the use of cost-benefit analysis for scientific evaluation. The second one is paying attention to public participation in order to guarantee democracy evaluation. The third one is strengthening the legitimacy review to complete specification evaluation. Then, the author discusses the content of the risk assessment which contains the legality and rationality of evaluation. The subjects of the risk assessment system includes the organizers, participants and supervisors. The process of risk assessment contains decision-making assessment, execution assessment and assessment after implementation. At the end of the part is advices to the responsibility of risk assessment.