Study On Legitimacy Review Of Major Administrative Decision-Making

Major administrative decision-making affect directly about the development of society and people’s vital interests;at the same time,how about the legitimacy of the major administrative decision-making reflects the law enforcement level and management level of our country’s administrative organs. In order to avoid decision-making mistakes and the risk of decision-making, there is a strong necessity to review legitimacy of major administrative decisions. Legitimacy review of major administrative decision-making is an administrative procedure system aiming to achieving the legalization of major administrative decision-making by means of the review of entity and procedural aspect. Strengthening of legitimacy review system is not only an important way to standardize major administrative decision-making power of the administrative organ but also an assurance of achieving the legality and legitimacy of the decision-making. In the Fourth Plenary Session of the eighteenth session, legitimacy review was promoted to the country theoretical height, what not only embodied the party and the country’s emphasis on legality review, but also built a Political support for legitimacy review system. How to strengthen the legitimacy review system and give full play to the function illegitimacy review system has become the present important topic we should carry out in-depth research.Although the national level has attached importance to legitimacy review’s status in the major administrative decision-making process, in the present, our country has not established a mature the legitimacy review system. There is still no unified legal norms of the legitimacy review at the national level. In Practice, there are a lot of outstanding problems about the decision-making legitimacy review. Review subject pattern is not scientific, review standard system is not sound, review comment system is not standardized, accountability is behindhand, all of these are obstructing seriously the legitimacy review work. Therefore, in this paper, author carry s out a preliminary study about legitimacy review system and put forward constructive suggestions focusing on four main aspects of the legitimacy review, such as review subject, review criteria, review comments and accountability.