China’s Administrative Decision-making Dilemma And Legal Development Path Study

Party Fourth Plenary Session of eighteen proposed "further promote the administration according to law, accelerate the construction of government ruled by law," Administrative decision as an important part of building the rule of law, both the current plight of the crack of the administrative decision-making, and also the proper administration of justice reform and the rule of law and social development. By studying the issue of legalization of administrative decision-making, in theory, include the reality of the situation, analyze the causes of the foundation, the corresponding countermeasures, in order to promote legalization of administrative decision-making process of our era.Paper adopts literature analysis, case studies of the way through the legislative process and the development status of China’s administrative decision-making basis for presentation on the introduction of substantive analysis of typical cases of administrative difficulties in the decision-making elaborate specific performance, the combination of theory and relevant administrative law decision analysis, clarifies the causes of the problem. Overall, China’s administrative decision-making has come a less bumpy road, the rule of law has now entered the fast lane, but there needs to be improved administrative decision-making body, the executive decision-making process needs to be strengthened norms, administrative decision-making supervision system is not yet perfect administrative decision-making responsibility system is not perfect and other difficulties, the reason is mainly reflected in the definition of administrative decision-making power less clear, heavy and light administrative decision-making entity procedures, administrative decision-making is too centralized and decentralized enough, the efficiency of the administrative decision lack of coordination and other aspects and benefits of the current urgent need to improve and enhance the rule of law in accordance with the theory and the theory of administration.According to the center’s overall design, combined with the practice of administrative decisions, the current need to build the rule of law development path:from the administrative decision-making body, the focus should clarify the scope of the administrative decision-making body of the times, the capacity building of the administrative decision-making body; from the administrative decision-making process, the focus should improve administrative hearing system, the establishment of administrative decision-making evaluation system, promote public administrative decision-making system; from the oversight of administrative decisions, the focus should strengthen the construction of administrative decision-making system of internal oversight law designed to promote external oversight of administrative decisions; from administration responsibility for decision-making, the focus should establish administrative decision-making responsibility to recover the main responsibility, focusing on administrative decision-making responsibility to recover procedural safeguards, to further improve the responsibility system of administrative decisions.Shenzhen limit vehicle license is a typical case of the recent administrative decision of China, this paper combine corresponding administrative decision theory to analyze the rule of law, and clear the legalization of administrative decision-making development, pointed out the rule of law in administrative decision-making along the path of future development..