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Study On The Procedural Laws And Rules Of Administrative Decision-making

Posted on:2018-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:S NiFull Text:PDF
GTID:2346330512490312Subject:legal
Abstract/Summary:PDF Full Text Request
Traditionally, the experimental or authoritative decision-making phenomenon is more common, so the level of administrative decision-makers seem to play a key role in the quality of decision-making and many the decision-making deviations and even faults are inevitable. It is difficult to ensure that administrative decision-making can run effectively only by relying on the substantive legal. Therefore, further considering the concept of procedural justice and exploring a fairly reasonable legal system of administrative decision-making process, so as to achieve the desired purpose of administrative decision-making. Its effectiveness is more significant and the result is more prominent. Procedures--an immutable tool for the effective operation of legal entities and escort for substantive law. At the same time, the procedure also has its own independent value, that is, the fairness of the procedure must be able to provide the basis for the reliability of the substantive legal results. So to a large extent, procedural regulation determines the legitimacy and credibility of administrative decision-making.The so-called procedural laws and rules refer to the collection of laws and rules or other normative legal documents formulated to regulate the whole process of administrative decision-making. The purpose of procedural laws and rules of administrative decision-making is to make practical decision-making process institutionalization and legalization. The formation of decision-making system should be scientific profession,mutual convergence and efficient convenience, in order to avoid mistakes. The research of administrative decision-making process in our country started relatively late, and it is far less mature than some western developed countries, so the goal of legalization of decision-making process is still long way to go. In the case of practical application,The code of administrative decision procedures has not yet been established and some administrative decision-making procedures are more chaotic.At the same time, there is a lack of strong decision-making supervision mechanism and some levels of expert demonstration or citizen's hearing have been formulated in many cases. On the theoretical research,it is only a study of the system of a single program that fails to make the overall construction of the macroscopic logical process and the rigorous decision-making process system. Therefore, it is necessary to sum up the research of the existing theory and the practice of the current procedural system, and actively promote the rule of law in the administrative decision-making process. The establishment and perfection of the administrative decision-making process must adhere to the basic principles of scientific, democratic and legal. We must adhere to perfect the system of running procedures, strengthen the supervision procedure system, sound the evaluation system, improve the system of reward and punishment. At last, We must adhere to the building of a whole system and push forward with it. Through a series of effective system of the process of construction and the formation of strict administrative decision-making process regulation system, we believe that all aspects of the decision-making process make sure fair and orderly, and all results of administrative decision-making are of great benefit to people.
Keywords/Search Tags:Administrative Decision, Procedural Justice, Systemic Construction
PDF Full Text Request
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