Research On The Legalization Of Administrative Decision-Making

For a long time, China’s administrative decision-making and the political process existed too much Association, resulting in administrative decision-making in a long period of time not be included in the rule of track, since the late 20 th century in China,public service, market supervision and regulation of the economy become the main functions of the government, the government has been granted a large number of concerned citizens, daily life and national affairs decision-making power, the previous administrative decisions of non standardized make because of the decision abuse led to the decision-making errors occur frequently. The essence of the administrative decision is the redistribution of interests, social wealth always from a form of turn into another form, from the hands of some people reach another part of the hands, is limited due to the interests of the legal protection, administrative decision-making lapse at the detriment of the interests of the masses of the people, to the detriment of the government’s own image and affect social stability. So, finding reasonable administrative decision-making procedure, bring it into the orbit of the rule of law will be particularly important. Administrative decision-making scientific,democratization, the rule of law constitute the overall goal of the system of administrative decision in the new period, scientification and democratization of administrative decision-making needs of the rule of law to provide security when decision-making philosophy in the natural flow of the legal rationality, decision makers to build up the consciousness of legal belief, then highlight the wonderful decision-making scientific and democratic nature constantly.This paper consists of three parts for content:The first part, through to carry on the discussion to the legalization of administrative decision-making related basic theory, the concept of clear policies and administrative decisions, and then discusses the connotation of legalization of administrative decision-making, indicating that the legalization of the administrative decision is a gradual process, it is in the Central Committee of the Communist Party of China will continue to promote the construction of the government ruled by law isimportant one part. The legalization of the administrative decision-making has important significance. This paper lists because illegal abuse of decision-making power lead to waste of resources of the facts is to prove that for a long time in our country will not be regulation of administrative decision-making was put on the agenda in serious consequences. On the basis of further explore the administrative decision-making are attributed to the realization of the rule of law is on the basis of the theory, first of all, the theory of procedural justice requirements of administrative decision-making in order to realize the rule of law. This is because the heavy entity light procedure concept of the impact so far, of this notion was forced to change the potential to be, the requirements of procedural justice is of human rights protection.Secondly, the government’s decision-making behavior of government belongs to the daily management of the content, then according to the law of natural decision requirement is a government under the rule of law theory. Secondly, the theory of democracy in Consultation stressed that the government and the public dialogue can make guarantee of government decision-making with scientific and democratic attribute.The second part of our current administrative decision-making rule of law through the analysis of the present situation. First of all, to find out the existence of the legalization of administrative decision-making in our country, including the subject of administrative decision decision procedure is not clear, the lack of standardization, the imputation principle and responsibility of administrative decision-making supervision mechanism is not clear. Of course, the reasons for these problems are various, both objective reasons, there are subjective reasons, both for historical reasons, there are conditions. From this, the author analyzes specific reasons for the possible is the lack of government decision-making information disclosure. As a result, between the government and the public lack of communication on the basis of information, unable to obtain comprehensive and accurate information to the public and the government could not form an equal dialogue relation, can not really put forward effective suggestions. Decision makers the concept of rule of law is not strong, citizens lack of active participation in the spirit of modern citizens, which ishistorical lack of long-term democratic life caused by, so in the concept of cultivating citizens legal belief is particularly important and experts to act as the advisory and demonstration role of inadequate problem also leads to some people that the experts,just as the government’s mouthpiece.The third part, through the analysis of the existence of the legalization of administrative decision-making problems in China and the reasons for the proposed countermeasures and suggestions of their. The author engaged in before the prevention, control and afterwards control analysis of three aspects, first of all, prior to define the main body of administrative decision-making power, the right is greater than the error concept for a long time, we will continue to promote the rule of law, the ruling was gradually straighten out the government and civil mentality, so before making a behavior in the administrative organs to see what power has its own and the boundary of the power where is to make the premise of effective and be respected in the administrative behavior. This will require both policymakers from strengthening the concept of the rule of law to do law without authorization is prohibited. Secondly,control is referred to in the decision making process timely to the public information,since to do the government in sunshine is done more thoroughly some, real and comprehensive information to facilitate the masses to participate in the negotiation process, hearing system, as one of the deliberative democracy the design intention and not in China effectively, so it is necessary to the hearing system of perfect to make decisions more democratic, and through the expert argumentation and consulting to enhance scientific decision-making. Finally, after the control measures is refers to the decision after the announcement of the brave to accept supervision from legislative,judicial and social parties, the establishment of the responsibility mechanism of responsibility, the government has the courage to assume liability lead to mistakes in decision-making.