A Procedural Study On The Major Administrative Decision-making Of Local Government In China

The rule of law is like a balance,one side is public power,and the other is civil rights.Today,in order to promote the rule of law comprehensively,only the government takes the lead in abiding by the law,the country can develop orderly in the track of the rule of law.The Communist Party of China decided in the fourth Plenary Session of the 18 th CPC Central Committee to raise the ability of Party members and cadres to think in accordance with the law and to handle affairs according to law.How to understand the "rule of law" thinking? It is the core of leading cadres to the problem,make decisions,do things,must take the law as the basic principle,to safeguard people's rights and the rule of law as a way of thinking of social justice.General secretary Xi Jinping pointed out: "from the perspective of modern world history,none of the countries that successfully realized modernization has solved the problems of rule of law and rule of man." The establishment of the legal procedure of the important administrative decision is to ensure the orderly development of the government's behavior(decision-making)in the track of the rule of law.To study the subject of "major administrative decision-making procedure",we must pay attention to the following two time nodes:In October 23,2014 the fourth Plenary Session of the 18 th CPC Central Committee,the communique,"perfect decision-making mechanism by law,the public participation,expert evaluation,risk assessment,legal review,collective discussion to determine the major administrative decision-making legal procedures,the establishment of the administrative organs within the major decisions legitimacy review mechanism,the establishment of a major decision lifelong accountability system and the responsibility investigation mechanism."In June 9,2017,the Legislative Affairs Office of the State Council announced to the public the Provisional Regulations of the major administrative decision making procedures(Draft for comment),and consulted extensively.The people have called for reform.From the top design of the country,the major administrative decision-making process from scratch,from the "Communique" to "Regulations(Draft)",and comprehensively promote the pace of the construction of the rule of law government.In this new era,background and trend,it is of great significance to carry out the study in this field.The author in recent years from the statistical point of view,on the one hand the local government to avoid administrative decision-making failure by the public and the media accused,or consider the implementation of the mechanism of democratic centralism,keen onthe formulation of regulations and normative documents of various standards of administrative decision-making;on the other hand,there are some problems in the formal regulations and normative documents making mistakes and there is no corresponding amount.This had prompted us to reflect on the past provisions of administrative decision-making system,analysis of the Interim Regulations on "major administrative decision-making procedure(Draft)" design system and internal logic,and adhere to the problem oriented,the local government of major administrative decision-making process of rule of law,from the start,the key of legalization of administrative decision-making to clarify,at home and abroad,to build the basic framework of the subject aspect of China's local government legalization of major administrative decision-making process optimization.Finally,fault tolerance mechanism and lifelong responsibility mechanism is the study of the content,reduce or even avoid making mistakes is the most fundamental major administrative regulation of the corresponding legal responsibility,the current major administrative decision-making standard provisions is too wide,accountability,responsibility for the content of single type of authority is the subject of legal liability,for the major administrative decision-making responsibility these problems not only influence,but also easy to make major administrative decision-making rule of law becomes a mere formality,overcome these problems prompted the mission of administrative decision-making norms of legal liability involved.The above contents constitute the basic framework of this paper.