Research On The Expert Argumentation System Of Major Administrative Decision-making

In the government, administrative decision-making is the main component and even the core of administrative activities. In China, however, there are still many deficiencies in major administrative decision-making system, such as in legal norms. But the problem is not limited to this. The central government is lacking in procedure legislation; local legislation differentiates from each other; legal systems are not unified and legal force cannot fulfill itself in practical issues. On the practical level, administrative decision-making system is obviously semitransparent, and thus led to the information asymmetry between the government and the public. All this has brought about many flaws: The expert argumentation system cannot play a full part in major administrative decision-making; supervision fails to play its due role in decision-making activities; and the ability to hold accountable the decision-maker when a wrong decision was made is limited. These has hindered the process of democratization. Our Party and the government have paid increasing attention to these issues and the problems thus caused. On October 23, 2014, China has held the 4th plenary session in 18 th CPC Central Committee, and has carried out “Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Implement the Rule of Law”. On the basis of current economic context, the situation at home and abroad as well as the features of our age, the Decision has made specific rules on system establishment and procedural norms to further improve the expert argumentation system of major administrative decision-making. The author's research on the expert argumentation system of major administrative decision-making is also based on the current situation and its problems, and it consists of four parts.In the first part, the author introduced the relevant theories of expert argumentation system of major administrative decision-making, including its concepts and its features. The author also discussed the necessity and feasibility concerning improving the system in this part. The second part analyzes the expert argumentation system of major administrative decision-making in other countries, and presents experience that can be applied in China. The third part includes the status quo of the system as well as the analysis of its questions and causes. In the fourth part, the author put forward some measures to improve the system in practical perspective to enhance its role.Through this research, the author hopes to enhance the democracy and the legitimacy of procedure mechanism, and thus contributing to the course of ruling our country by law.