Legalization Of The Local Government’s Decision-making Process In China

The work report of the 18th National People’s Congress has pointed out that China will promote governing the country according to law. Since that, the whole country has raised a hot wave of law-based administration such as establishing the government ruled by law. With the continuous development of the society, people put forward higher standards of law-based administration, which are also tend to be more detailed, especially the decision-making process of local government, namely the local government decision-making, execution, the whole process of supervision. Also, this process needs a perfect legal system to regulate, which requires the local government’s decision-making process to be carried out in accordance with the law and to realize the rule of law. "The third plenary session of the 18th CPC central committee has decided to speed up the transformation of the government function", and"then the following fourth plenary session also states to strengthen the construction of the government by law in The Chinese Communist Party Central Committee’s Decision on A Number of Important Iissues in Relation to Comprehensively Implementing Governing the Country by Law." In addition, the state council promulgated Outline for Promoting Law-based Administration in an All-round Way and Opinions about Strengthening the Construction of Government Governed by Law. According to the two reports, the principle of government ruled by law was pointed out. And administration of the decision-making process of the local government in the construction of the rule of law must be strengthened, local Government’s decision-making rules must be perfected and local decision-making process must be promoted to be more scientific and democratic.As we all know, the above mentioned rule of law is centered by administration according to law, whose implementation needs to be a scientific, democratic, and legalized government decision-making process. Policies pursued and implemented by the central government should better regulate local government’s decision-making processes at all levels, and make them legalized. Under the background of comprehensively deepening government reform put forward by the 18th CPC central committee, Chinese local governments have seen great achievements in terms of the construction of the decision-making processes. What’s better, it has entered into a stage of in-depth development, but on the whole, compared with the economic and social development, it is still lagging behind. This is due to the situation of our country:there exists traditional bureaucracy in local governments and their decision-making system and the corresponding process are not perfect, which lead to irregular decision-making power in the process, and the results are contrary to the will of the people. Therefore, how to regulate and restrict the local government’s decision-making process become inevitable problems at present stage.Local governments as supervisor of local public affairs, undertake the task of carrying out the central government’s files. The management ability of local government, also known as performance is also affected by the accuracy of the result in the decision-making process. It is also connected with the local government’s political, economic and cultural development. Thus, in order to help the local government to improve the accuracy of the decision-making results, there needs to be a decision-making process ruled by law, which should be supported by a scientific and reasonable decision theory and a corresponding decision-making model in accordance with the national condition. At the same time, diversified value orientation of local government decision-making processes must be taken into account and get the public involved in it. It should also reflect the will of the people and adapt to the socialist core values in spirit of "democracy and the rule of law". Errors must be reduced in decision-making process for local government and accuracy of the decision needs to be increased. All these can be regulated and prevented in a standard local government decision-making process ruled by law, that’s to say, legalization is a very important mean to prevent the local government decision-making errors. As long as the decision-making process of local government reach standard legalization, it will not only regulate its specification decision-making departments in a legal way, but also will perfect democratic politics, strict administration according to law, so as to realize the decision-making process of local government ruled by law.The paper mainly discusses the decision-making process of local government under the rule of law by four parts:the first part is a theoretic introduction to the legalization of decision-making process of local government; the second part mainly analyzes the current problems of local government decision-making process in our country as well as the achievements and then a brief analysis of the reasons behind it; in the third part, the author makes some analysis of several foreign countries regulating their local government’s decision-making process, and wishes to learn experience on how to perfect the decision-making process of local government under the rule of law in China; the fourth part, the paper discusses how to promote the construction of the administrative decision-making process of local government under the rule of law, mainly from the following several aspects:(1) the construction of decision-makers’ legalization; (2) the legalization of decision-making rules; (3) decision-making procedures ruled by law; (4) decision-making supervision mechanism ruled by law; (5) the accountability system of ruled by law. From these four parts above, the author hopes that some innovative theory in this paper can provide useful suggestions to construct a decision-making process of local government ruled by law in our country.