Research On The Issue Of Administrative Decision-making Nonfeasance

In December 2015,the CPC Central Committee and the State Council issued the"Outline for the Implementation of the Construction of the Rule of Law(2015-2020)",which clearly stated that administrative decisions are scientific,democratic,and legal,and that governance issues are particularly delayed.In June 2017,the Legal Affairs Office of the State Council issued the "Provisional Regulations on Major Administrative Decision-making Procedures(Draft)".In March 2018,the State Council listed the"Provisional Regulations on Major Administrative Decision-making Procedures" as a legislative work plan for 2018.The problems of law enforcement and the judiciary have followed the completion of legislation and how to determine that administrative decision-making is not illegal is one of the urgent tasks to be resolved.In addition,the report of the Nineteenth Congress proposed:"a legal decision-making mechanism should be established,and establish a scientific and effective decision-making mechanism and a supervision mechanism for power operation".In particular,major administrative decisions are related to the well-being of people's livelihood,and the advancement of the national governance system and modern governance capacity is to a certain extent.Affecting the transformation of the administrative law task,that is,by passively guarding against the infringement of administrative rights on individual interests to positively promote social and public welfare.Due to the timelessness of administrative nonfeasance as a theoretical dispute and the dual nature of administrative decision-making,it has not been included in the adjustment of traditional administrative law,which has brought theoretical difficulties to the determination of administrative decision-making nonfeasance.At the same time,there are many difficulties in identifying standards and investigating responsibility because of the hidden nature of the administrative decision-making and the delay in the consequences.Therefore,the study of administrative decision-making does not have both theoretical and practical significance.This article will analyze the paradigm of legal dogmatics in the general sense,take a specific case as the starting point,analyze it from the concept,and focus on the theoretical connotation,expression form,constituent element,judgment standard and responsibilities type.Explain local legislation and judicial practice,and finally discuss the regulation of administrative decision-making nonfeasance on the basis of analyzing the reasons.In the monitoring perspectives of before,during,and after,it is recommended that the definition of administrative decision-making should be improved,the five statutory procedures for administrative decision-making should be defined,the lifelong accountability system and the investigation mechanism should be established,and specific relief measures should be proposed.