Research On The Review Mechanism Of Legality Of The Major Administrative Decision-makings Of Local Governments

Review mechanism of legality of the major administrative decision-makings of local governments refers to the systems by which a specific body reviews the legality of the content and procedures of local governments in the process of developing major administrative decision-makings in order to prevent illegal decisions. Legality review is an important part of the major policy decisions according to the law, which is of great significance to the construction of the law government and the legalization of administrative decision-makings.Therefore, this study takes the rule of law government in China as the background and explores the theoretical basis, the legislative situation and the implementation path of review mechanism of legality of the major administrative decision-makings of local governments.Firstly, this study describes the background, purposes and significance of this paper, sorts and evaluates the literature both home and abroad and clarifies the ideas and methods based on the previous research on the review of the legality of the major administrative decision-makings of local governments.Secondly, this dissertation defines the local government, administrative decision-makings, public policy and other concepts, clarifies the subject, scope and standards of major administrative decision-makings, analyzes the elements and relation among each element of the review of the legality of the major administrative decision-makings of local governments, and introduces the humanity and public choice theory, policy credibility theory and other theories involved in this study.Thirdly, this paper studies the status of practical activities of local government legislation and summarizes the salient features of the review mechanism of the legality of the major administrative decision-makings of local governments.Then, the study describes typical foreign cases of the review mechanism of the legality of the major administrative decision-makings of local governments. The study reviews the main approaches and experiences of review mechanism of the legality of the major administrative decision-makings of local governments of France and the United States.Finally, the study puts forward the path of the review mechanism of the legality of the major administrative decision-makings of local governments from the aspects of legislative building, review body, operation mechanism, public participation and judicial review.