On The Rationality Of Policy-making In Term Of Administrative Process

The National administrative office for certain administrative purposes within its statutory scale, based on certain principles and legal procedures, applies certain policy tool to implement the law and manage the public affairs. The administrative office makes legal decision in complicated situations to cope with the rapid change of social status, arouse positive response to a strong demand of the society, and to idealize the law. The feature of professional, comprehensive and complexity in modern times requires legislative power of administrative discretion to some affairs on how to correctly apply the laws and regulations, maintain social order of decision, and there is no choice. Modern administrative law fundamentally believes in the recognition of the legal control of government power combing the protection on the rights of the people.The administration behavioral formal theory of the traditional administration law is focused on the concept of “administration behavior”, which consists of a set of administration law system on the current operating lawful regulation. The basis of the aim to the justification of administration by the administration behavioral formal law is to typify the administrative laws, which makes it transform into a certain administrative behavior, then to check and control on the administrative activities in terms of the set law and check programs. Facing the profession and complexity of modern administrative public law and when balancing the difficulty in deciding a certain special administrative activity, it is necessary to carry out a dynamic and complete inspection and seek the law regulation based on the administration process on current administrative law system.Under the great changes of social background, various benefits intertwining, the public affairs management presents the features of comprehensive and complexity. To make various benefits effectively participating in administrative decision-making process, the administrative decision-making uniform should provide a platform for the public, for the fair and equitable guarantee the expression of different concerns through communication, equal negotiation, democratic consultation and so on, for the idealizing the norms whose core is "multi participation", and for the search of legitimacy based on social governance, which could solve many social problems effectively.