The Legalization Of The Administrative Decision-making Procedure In Health Administrative Departments

With the development of a law-based government and the practice of administrative law,the legalization of administrative decision-making is being more and more focused and improved.The fourth plenary session of eighteenth CPC central committee proposed to promote the procedure of administrative decision-making.The administrative decision-making of health department has drawn attention because it involves extensive and fundamental public interest.Until now neither normative documents nor legislation regarding the administrative decision-making procedure in health administrative department is comprehensive.Problems have been raised during practice because of the unstandardized administrative procedures.Through the legalization of the administrative decision-making in health administrative departments,the legality,scientificity and democracy can be guaranteed.At the same time,it can propel the medical and health system reform,standardize the administrative behavior and ensure efficiency.The dissertation summarized the concepts and characters of the administrative decision-making of health administrative departments.The necessity,principles and key contents have been analyzed according to the contents of administrative decision-making procedures.Through the analysis of related normative documents and a survey of two cases,the positive effect of well-controlled decision-making procedure,as well as the problems led by the astringent procedure control,is been discussed.The conclusion is that the administrative departments have built the initial legalization concept during the administrative decision-making.Based on the previous findings and the experiences of the foreign countries,we have proposed methods to improve the legalization of administrative decision-making procedure in health administrative departments,including standardizing decision-making procedure,supervising decision-making process,evaluating and monitoring of the outcomes after decision-making,and bearing legal consequences if the legal procedure is been violated.This paper aimed to research and discuss about the legalization of administrative decision-making procedure in health administrative departments,trying to promote the construction of a more legalized decision-making procedure in health administrative departments under the background of medical and health system reform,and to promote the construction of a law-based government.