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Research On Legitimacy Review System Of Major Administrative Decision-making

Posted on:2018-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2346330518950543Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At present,China's nature of the review of the legitimacy of major administrative decision-making has not yet been precisely defined,and its qualitative distinction is not the same;here,this article will legitimize the legitimacy of a pre-determined administrative system within the legitimacy The way of review,which does not include judicial review.Specifically,in order to prevent the illegal decision-making behavior,the draft decision before entering the consideration process must be a specific evaluation of its legitimacy,review of an administrative activity,it is in accordance with the decision-making process in the major administrative decision-making process.On the basis of theoretical research on the legitimacy of the censorship system to design,so as to enhance its practical operability is the focus of this article.With the development of the institutionalization of major administrative decision-making and the legitimacy review mechanism,some achievements have been made.However,it is undeniable that there are still many shortcomings.Second,the specific criteria for the review of legitimacy is not clear,and there is no new breakthrough in theoretical research;Third,the legal basis of the law is not clear,and the lack of a certain degree of neutrality;The content of the review opinion,the type of not specific,standardized,its legal effect has not been clear,the rigid characteristics of the lack of,in addition,the views of the review did not make a good application,did not give full play to its effectiveness.In this paper,we should focus on the specific aspects of the three aspects: first,the legitimacy of the main body of the review should be combined with the characteristics of China's administrative system,in the current theory And the practice of the main model of the review of the specific advantages and disadvantages of the basis of the review of the main body of the rational design;Second,the legitimacy of the review standards,should be combined with the provisions of the object,in its specific terms of reference,content standards,And in accordance with the standards and other micro-level to explore,based on the analysis of the specific criteria for the design;Third,the legitimacy of the consequences of the review,in order to protect the legitimacy of the review process before and after the consistency should be based on the specific criteria The legal status of the legality review and the legal effect of the review opinion are clearly defined.In addition,in order to give full play to the role of the review opinion,it should be based on the specification of its output form,Its supporting mechanism for scientific design.
Keywords/Search Tags:Major administrative decision, Legitimacy review, Reviewing subject, Reviewing standards, Reviewing results
PDF Full Text Request
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