The Research On The Legal Review Of Major Administrative Decision-making

As one of the most important subject in administrative law filed, the legal investigation of major administrative decision-makings are raising concern in recent years. The Decision About the City and County Government Strengthening Administration According to Law Issued by the State Council has put forward to emphasize legal investigation of major administrative decision-makings before discussion since 2008. In legislative level, there are no specialized legislation for this issue, the country to review the legality of major administrative decisions are reflected in local regulations and normative documents. In academical circle, scholars are concerning about the legal system of the administrative decision-makings. But the issue of the legal investigation of major administrative decision-makings is still lack of their attention. There will be a big loss for a fault in decision-making. The study of the administrative decision-making has a practical meaning for its strong effectiveness.Firstly, this article expound the concept of the administrative decision-making, the major administrative decisions, the legal review and the legal review of major administrative decision-making, then define the nature and the scope of major administrative decisions, analyze the theoretical basis of major review of the legal review of major administrative decision-making. Secondly, Some cities in our country introduce regulations of major administrative decision-makings and systems of legal investigation. This thesis summarizes features and problems of administrative regulations existing in our country by comparing the regulations chosen from those cities. The problem conclude the lack of legislation, the single of review body, the short of standard review, the lack of independence of expert, the review comments provisioned unclear,the legal status and legal effectiveness of review is not clear. Lastly,put forward the recommendations by analyzes the legal investigation of administrative decision-makings in foreign countries. Formulate The Major Administrative Decision Law, clear the standard of review in substantive and procedural, improve the administrative review mechanism, establish the external review mechanism, clear the contents of review comments,clear the legal status and effectiveness of review.This paper research the issue by comparative analysis and document analysis.Comparing to foreign countries, put forward the suggestions for improve the legalreview of major administrative decision-making. In addition, in a large number of administrative decisions on the basis of literature, analysis the concepts and theories by literature analysis. Put forward the suggestions for improve the legal review of major administrative decision-making by collection of relevant literature.The innovation of this article is reflect on establish the review of authority and judicial. The government legal system organizations are set as the subject in documents issued by the State Council and local government’s major administrative decisions. As the supervisory organization in law, the organization of authority has the qualification of legal administration, but it is not the investigative subject. In personal legal cases, the citizens maintain their legal rights in court. But the judicial review in major administrative decision-makings are still lacked in our country. This thesis make a study from the aspects of how to perfect the investigation of administration organization, and how to set the investigation of authority organization and judicial office. This thesis hopes that that the major administrative decision-makings are legal, reasonable and effective and can maintain public interest indeed.