Study On The Inner Legitimacy Censorship For Major Administrative Decision-making

Legitimacy censorship for major administrative decision-making in administrativebranches is one institution that demand administrative bodies to carry out andemonstration of legitimacy of procedures and contents of major administrativedecision-making. The institution is designed for insuring the scientificity anddemocracy in the major administrative decision-making with the improvement oflegalization of major administrative decision-making which is under the legitimacycensorship for administrative body, improving the quality of major administrativedecision and maximizing public good. Currently, institution of censorship foradministrative decision-making hasn’t been established yet. In the CCP’s fourth plenarysession of the eighteenth, it puts forward that "To improve the mechanism to makedecision in accordance with the law; To take public participation, expert demonstration,risk appraisal, legality examination and collective discussion as the required proceduresfor making major decisions; To establish an internal mechanism of legitimacy censoringfor major decision-making in administrative branches; To set up a mechanism with alifelong liability accounting system for major decisions and a retrospective mechanismto hold people accountable for wrong decisions." This reveals central government’semphasis on the censorship for legitimacy of major administrative decision-making ingovernments and its historic significance of institutionalizing the censorship forlegitimacy of major administrative decision-making in governments. Censorship forlegitimacy of major administrative decision-making in governments is a key part in the whole process in the administrative decision making. Therefore, it remains issues likehow the censorship functions efficiently, how to analyze its structure exactly and how totake the right way to conduct censorship.Considering its significance above, this thesis goes through the research on thecensorship of legitimacy of major administrative decision-making in governmentsfrom the perspective of institution construction. First, in this paper, the author starts todefine some basic concepts which are related to the censorship of legality of majoradministrative decision-making; Second, it illustrates its inner logic and necessity byanalyzing the theoretical base of censorship for legitimacy of major administrativedecision-making in China; Third, it demonstrates achievements of institutionalization inaccordance with its historical vicissitude and the practical significance and points outthose urgent problems that exit in the current administrative decision-making in ourcountry; last, this thesis discusses feasible methods to construct institutions ofcensorship for legitimacy of administrative decision-making in China from fiveperspectives: specification of legalization of legitimacy censoring, diversification ofcensoring body, clarification of censoring criterion and substantiation of procedures ofcensorship.