The Study Of Legitimacy Of Administrative Decision

Legitimate administrative decision constitutes an essential part of the rule of law and government, the paper make the Xinghualing district people’s government replacing street shops signs that administrative decisions as a background case, the legality of administrative decisions required for analysis.The first chapter, by definition scholars and administrative decisions made by administrative decision should have the characteristics identified signs of unity to replace part of the executive decision-making behavior, and clearly from the decision-making body of the three aspects of the decision-making process, the contents of the decision-making analysis of the legality of administrative decisions.The second chapter be analyzed from the perspective of the legality of administrative decision-making body. Administrative decision must meet the requirements of administrative law, must be expressly authorized by statute. Specific analyzed separately from the administrative jurisdiction, administrative jurisdiction matters, three specific management methods. District People’s Government has finally identified the appropriate subject qualification and competence are legitimate administrative decision-making body, the right to make administrative decisions unified signs.The third chapter analyzed from the perspective of administrative decision-making process of its legitimacy. Administrative decision-making behavior shall comply with the principles of due process, including information disclosure, citizen participation, scientific way of three specific requirements. Unified replacement signs are matters involving the vital interests of the administrative relative person shall, in accordance "Open Government Information Regulations" information disclosure, the district people’s government fails Enforcement, does not meet the information disclosure requirements. The State Council "on the strengthening of the rule of law, government building opinions" public participation provisions take major decisions as a necessary procedure. Regardless of whether the conduct of a unified replacement signs are major administrative decisions, which should be the body "views" in the spirit of public participation, and the District People’s Government does not provide any way to public participation in decision-making, civic engagement does not meet the requirements. Therefore, the decision-making process is illegal.The fourth chapter be analyzed from the perspective of the legality of administrative decisions content. Shall comply with the specific requirements and does not violate the higher law in line with the administrative law principle of proportionality. Replacing signs is unified decision-making behavior within the scope of legal authority, and does not violate the higher law, but it does not meet the principle of proportionality, the content is not illegal.In summary, only when the decision-making body, the program, and the contents of the three legitimate all lawful the administrative decision was lawful. Unified administrative decision-making body to replace the signs legal, procedural and content is not illegal, so it does not meet the legality equirements in three areas, so this decision is not legitimate. The legitimacy of the decision-making process and democratic and scientific decision-making is also a necessary requirement is to implement the "Opinions on Strengthening the rule of law, government building," the specific way is to strengthen the rule of law and government construction and improvement of the most important administrative decisions...