Research On The Nature Of Major Administrative Decision Making

With the continuous deepening of the rule of law and administrative law. Take the major administrative decision-making into the legal track has become the inherent requirements of the rule of law and government construction’s important content. With the introduction of the central and local normative documents, the major administrative decision-making has undergone a transition period. From a hazy period of time to gradually institutionalized, standardized and clears of. With intensive introduction to the central file, the local government show a positive response, the major administrative decision-making forced by the objective need to solve the problems of the practice get into the orbit of legal system, but the study on the characteristics of the lag, the status quo of legal development presents practice and law theory does not accord that much with the reality of the situation. Major administrative decision-making nature of the position uncertainty and fuzziness, prompted us to clear up the legal status of the major administrative decision-making from. Carries on the deep theoretical discussion on the nature, and take this as the foundation, to provide reference for the system design and the practice application.In the second chapter, the author try to sort out the nature and position of the major administrative decision-making in the document from the central, local laws and government regulations. Pointed out that the major administrative decision-making, including the formulation of norms of behavior and the applicable norms of behavior, although the various specifications of the major administrative decision-making from the static point of view, but the practice is summarized the major administrative decision-making is dynamic, and comprehensive.In the third chapter, the author summarized and analyzed the different opinions in theory community, and found that the academic theory pay more attention on their legislation specific procedures system not the nature study in major administrative decision-making. The nature of the major administrative decision-making is easy to be ignored by the classification of administrative acts, so that it is in an awkward position in the theory of administrative act, and its concept is easy to be covered by other concepts. In the modern administrative law, scholars to explore the nature of major administrative decisions, and their views are different even a clear confrontation. But there are still scholars cleared the clouds and give the new point of view, by means of which the new theory and methodology, the major administrative decision-making as a whole concept is worth learning.In the fourth chapter, I combine the analysis of the characteristics of the major administrative decisions in practice and theory. When we understanding of the nature of the major administrative decision-making, we need get rid of the static administrative behavior analysis model. Major administrative decision-making is not the traditional static single administrative act, but an administrative process consisting of different levels and phases of behavior, system and procedure. From plane view changes into the three-dimensional inspection is due to the expansion of the major administrative decision-making process in each administrative scope, to participate in the increase of behavior of the main, hierarchical and compound of characteristics of administrative behavior and building up. Not only includes the two kinds of different forms of major administrative decision-making expands its connotation, to make the system more reasonable. Referring to the concept of "general system of administration", the major administrative decisions can be regarded as "special administrative system", and solve the problems in the second chapter and the third chapter. It can get rid of microscopic perspective, to get rid of a single judge on the basis of which will inevitably lead to the undistributed, address their respective administrative areas suitable for common problems.Chapter five:deepen the conclusion. The major administrative decision-making is an administrative process, the major administrative decision-making system is based on the concept of administrative special system; grasp the macro administrative process theory as a new research paradigm of administrative law. Major administrative decision-making every actual behavior and system, carrying several procedures, development stage and institutional value. Each program stage of different content and different legal significance, they adhere to their respective different legal rules. on the basis of the research significance of the major administrative decision-making. And as diversity dynamics behavior and special institutional system in practice in the use of.The sixth chapter is the conclusion of the article is a brief summary of the main points, uphold a pragmatic spirit to respond to major administrative decision-making practices, and actively expand the system of administrative law, to recovery the major administrative decision-making’s should face.