Reflection On The Practice Of The Expert Argumentation System Of Major Administrative Decision-Making

For a long time,administrative decision-making has constituted an important phenomenon of administrative activities in China.After the administrative decision-making has entered the legalization track,the State Council and local governments have begun to pay attention to the administrative regulation of administrative decision-making.According to incomplete statistics,nearly one-third of the 283 prefecture-level cities in the country have formulated special administrative decision-making normative documents,and the total number of normative documents under the name of major administrative decision-making is less than one-third of the relevant normative documents.There are also problems such as the lack of uniform standards for the definition of major administrative decision-making,the level of procedural design for administrative decision-making is different,and the lack of legislation in the expert argumentation system,which have led to social doubts due to mistakes in major administrative decisions-making.In order to further promote the rule of law,it is necessary to enhance the scientific and democratic nature of major administrative decision-making through experts' rationality,and break through the traditional "three-beat" decision-making model.On the basis of the above actual situation,in the face of the current status and problems of the expert argumentation system,the author has sorted out some of the normative documents of expert argumentation system issued by local administrative governments in China,and clarified the problemsof the expert argumentation system is at the level and practice level,and based on this,propose countermeasures to improve the expert argumentation system in China.In addition to the introduction and conclusion,the full text is divided into five parts:The first part first proposed that the expert argument system has became the "standard" of the major administrative decision-making,and then use of the cases to present the phenomenon of "expert failure" in the current practice in China.The second part introduces the background of the expert argumentation system,Including the development of participatory administration,avoiding high-tech decision-making risks,the rise of corporate cooperation models and the need to build national think tanks,and expounds the urgency of constructing a perfect expert argumentation system through the introduction of the background of major administrative decision-making.The third part analyzes the constituent elements of expert argumentation system of the major administrative decision-making from the aspects of experts' types,the choice and conditions of the experts,the argumentation procedure,the content of the argument,the legal status,the rights and obligations and the responsibility of the experts.The fourth part mainly analyzes the expert argumentation system in legislation,and through the form of case analysis,to point out the dilemma of the expert argumentation system in the legislative level and practical application.The fifth part is mainly based on the problem,explaining how to perfect the expert argumentation system by perfecting the expert selection system,perfecting the argumentation procedure,strengthening the institutional guarantee of the effectiveness of experts,and clarifying the experts' responsibility.