On Procedural Regulation Of Chinese Local Government In External Expert

Abstract:The administrative external expert is to provide legal assistance for local government intelligence on decision-making, which is a part of expert consultation. Difference from the government’s internal expert, the legal relationship between hired external expert and government is the bilateral administrative contract legal relationship, and the hired expert has the independence. Be based on risk society, expert rationality, new administrative and the due process, its purpose is to promote the rational administrative decision. In reality, despite certain achievements of external expert, there are some problems in the procedure regulation, leading to the external expert utility has not been effectively. In the hiring process, because government is subjective and arbitrary, the expert has limitations in the aspect of knowledge and non neutrality on benefits of value. In consultation process, the interference of administrative power leads to that the expert is not independent, advice is not adopted, improper connection is formed between expert and government, and technical facts instead of the social value of external expert’s consulting offside. These problems exist in the process, mainly because the legal procedure is not standard. As the law is incomplete, the openness in hired and consulting program is inadequate, leading to asymmetry of administrative power, expert rights and the public rights; procedural regulation system is not perfect, the utility of expert consultation lose security. Japan’s council-centered consultation mechanism and the U.S. Advisory committee, which emphasize balance of experts constitution and independence. It is necessary to define roles among local government experts and the public. At the same time, the public rights and expert’s rights need to be strengthened.What’s more, the public participation is required in open advisory process,and it is conducive to play their expertise among them.Under the idea of due process, combined with the characteristics of the bilateral administrative contract, there are some demands. Here are the safeguards of fair competition, the freedom of research and consultation, a clear legal effect of due process and legal responsibility. Through the norms, expert’s negative externality can be internalized into legal responsibility, promoting the play of expert’s advisory function in government and the protection of public interests.