The Study On The Legality Of Major Administrative Decision Of Local Government

Major administrative decision-making refers to the decisions made by governments at all levels in accordance with the legitimate authority through the government statutory meetings.Concerning the overall development of local economy and society,it is closely related to the interests of citizens,legal person or other organizations.Generally,it has to go through some procedures,such as public participation,expert argumentation,risk assessment,legality review,group decision,etc.Among them,the legality review system of major decisions is the legal safeguard of making decision by law,scientific decision-making and democratic decision-making.The system of legality review generally includes five aspects: review subject,review jurisdiction,review content,review procedure and review purpose respectively.The way of legality review has various forms,such as written review,expert argumentation,filed survey and so on.Through the investigation of the review of the major administrative decision-making mechanism of the local government in Hunan Province,it is found that there are some problems in the review mechanism of the legitimacy of the major administrative decision-making of the local government.The relatively low level of legislation in the legal censorship mechanism led to the inconsistent stipulation of some details between the upper and lower levels of government.The content of normative examination of legality examination was relatively loose,and the unscientific design of the specific procedure led to the fact that Many problems,such as avoiding the review process,free trade-offs,low public participation,weakening participation of experts and so on.In addition,the legitimacy of legislation to review the lack of rigidity,the system lacks authority.The causes of these problems are very diverse.On the conceptual level,the administrative-based administrative deficiencies still exist.The concept of the rule of law led by the government is not strong and there is a lack of motivation to voluntarily accept the review of legitimacy.The lack of haircut at the national level led to the lack of necessary reference for local legislation.In particular,under the condition of insufficient local legislative capacity,the construction of the censorship system of local governments is worrying.At the system design level,there are some problems in the logic of system operation.With the government legal department as the sole subject of examination,it is impossible to get out of the stereotype of administrative self-supervision.At the level of system support,the supporting system of legality examination is not perfect,especially the lack of oversight mechanism has led to the sluggish operation of the entire system.The "Hunan Issue" has a certain representation throughout the country and "Hunan Experience" also has considerable reference.Based on the significant meanings and important roles of legality review on major administrative decision-makings,in view of the current existing problems,the new work mechanism of taking government legal organization personnel as subject,absorbing experts,lawyers,government legal advisers to participate in review is explored and established.It can effectively avoid the congenital absence of single subject review that is focused on legal organization personnel,and it can improve the science and effectiveness of the review.At the same time,the liability system of legality review can be established,including liability subject,liability situation and liability type.It should be a feasible way to improve the legality review level of major administrative decision-makings in city divided into districts.