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Research On The Legality Review System Of Major Administrative Decisions In China

Posted on:2020-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiaFull Text:PDF
GTID:2416330575462463Subject:Constitution and Administrative Law
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The legitimacy review of China's major administrative decisions refers to the behavior of the legal system review institutions within the government to review the legitimacy of major administrative decisions within the region involving social,political and economic security and affecting the vital interests of the public,and issue written review opinions.Major administrative decisions are different from general administrative decisions.The decisions and implementation of major administrative decisions involve many fields and have a wide range of influences.Once mistakes are made in decision-making,huge losses will be caused.The legitimacy review of major administrative decisions is an important measure proposed in China's long-term practice,and a key link in the legalization of major administrative decisions.It is conducive to improving the legitimacy,scientific and democratic nature of major administrative decisions,safeguarding the rights and interests of citizens,avoiding administrative decision-making mistakes,and promoting the modernization of national governance.The legitimacy review of major administrative decisions is the internal review system of administrative organs in advance,which is different from the external review system of administrative reconsideration,administrative litigation and so on.The legitimacy review system for major administrative decisions in China has been proposed in the2014 decision of the CPC central committee on several issues concerning the comprehensive promotion of the rule of law.Therefore,we need to study from the theory and practice,establish and improve the legitimacy review system of major administrative decisions,and put forward reasonable Suggestions on the practice of the legitimacy review of major administrative decisions.This paper adopts literature analysis method,comparative analysis method,empirical analysis method and other research methods to carry out the research,and elaborates from four aspects: first,the introduction part,which mainly explains the source of the title of the paper and the basic framework of the research,including the relevant research background,research significance,research status,research methods.Second,the basic theory of major administrative decision-making legitimacy review system,explore the major administrative decision-making,the major administrative decision-making in our country legal review,the major administrative decision-making legitimacy meaning of censorship,this legality review system has its own attributes,as well as our country establish a major administrative decision-making legitimacy,the need for censorship is below to lay a theoretical foundation for further studies.Thirdly,it analyzes the problems existing in the legitimacy review system of major administrative decisions in China,and comprehensively analyzes the current situation and problems of the legitimacy review system of major administrative decisions in China by combining theory with practice.The legitimacy review system for major administrative decisions in China has not been established for a long time.At present,there are still some problems such as imperfect legislation of the review system,unscientific setting of review subjects,unclear scope of review,incomplete review procedures,inconsistent review standards,low practicality of review opinions and imperfect post-review supervision mechanism.Fourth,the paper puts forward Suggestions of perfecting our country's major administrative decision-making legitimacy examination system,this part is this article needs to solve problem,also is the focus of this article,mainly including to speed up the legislative process,clear examination subject,defining the scope of review,determine the examination standard,to review procedures,specification review opinions,perfecting supervision mechanism after review seven aspects.
Keywords/Search Tags:major administrative decision, legality,review, subject, scope, authority, procedure
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