Research On Risk Assessment System Of Major Local Administrative Decision-making In China

On February 26,2019,Xi Jinping emphasized at the second meeting of the Central Committee for the Comprehensive Rule of Law: "Standardizing Major Administrative Decision Procedures and Preventing and Controlling Decision Risks." This is a new requirement for administration and decision-making in accordance with the law in the overall strategic layout of governing the country according to law.The construction process of risk assessment system of local major administrative decision-making in China can be divided into two stages.First,the risk assessment stage of social stability.In 2010,the State Council's Opinions on Building a Government under the Rule of Law in an All-round Way established risk assessment as a necessary procedure for major administrative decisions.In 2012,the Guiding Opinions on Establishing and Improving the Risk Assessment Mechanism of Social Stability for Major Administrative Decisions(Trial Implementation)made a top-level design for the risk assessment system of social stability for Major Administrative Decisions.Since then,Sichuan and Jiangsu have established risk assessment systems for social stability of major administrative decisions.Second,the comprehensive risk assessment stage.The Fourth Plenary Session of the Eighteenth Central Committee will raise the risk assessment from the necessary procedure to the legal procedure,and it will no longer be limited to the risk assessment of social stability.Anhui,Zunyi and other places have further established a comprehensive risk assessment system for major administrative decisions.As the construction of risk assessment system for local major administrative decision-making in China has just started,it is still in the preliminary exploratory stage in system practice and theoretical research,which causes the deficiency of risk assessment system for local major administrative decision-making to a certain extent.The purpose of this paper is to respond to the new requirements of the new era of comprehensive rule of law,and further improve the risk assessment system of local major administrative decision-making,which is divided into four parts.The first part is to explain the core concepts and basic theories of the risk assessment system of local major administrative decisions.The core concepts are mainly based on the mainstream views of academia and the legal norms of risk assessment of local major administrative decision-making,combining theory with practice,and interpreting the concepts of administrative decision-making,local major administrative decision-making and risk assessment from different perspectives.In the part of basic theory,this paper discusses the constitutive elements and legal basis of the risk assessment system of local major administrative decision-making.Component elements include evaluation subject,evaluation scope,evaluation standard,evaluation procedure,evaluation results and accountability.The legal basis is risk society theory,proportionality principle and due process theory.In the second part,starting from the analysis of the legal norms of risk assessment of local major administrative decision-making and Z city's practice and Exploration on risk assessment of major administrative decision-making of network reservation taxi,the author points out the shortcomings of the risk assessment system of local major administrative decision-making in China,which are mainly embodied in six aspects: Misplacement of Evaluation Subject,The scope of assessment is not standardized,the evaluation criteria are vague,the effectiveness of evaluation methods is insufficient,the evaluation procedures are not systematic,and the mechanism of supervision and accountability is not perfect.According to the deficiencies of the risk assessment system of local major administrative decision-making,this paper makes a brief analysis of the causes of the deficiencies from a holistic point of view.Including the lack of unified legal provisions at the national level,the non-standard risk assessment system at the local level,the lack of practice of risk assessment system,and the lag of risk assessment theory research.The third part summarizes the experience and lessons of the United States,Germany and the United Kingdom on the construction of major administrative decision-making risk assessment system,and excavates the system of reference for our country,so as to provide reference for the optimization of our local major administrative decision-making risk assessment system.The part of the United States mainly introduces the risk assessment system of environmental decision-making in the United States.The German part mainly discusses the risk assessment system of social stability in Germany.The part of Britain mainly explains the general situation of its urban risk assessment system.The enlightenment of extraterritorial system to our country includes legalization of risk assessment,paying attention to procedure details and strengthening theoretical basis.In the fourth part,according to the problems and reasons of the risk assessment system of local administrative decision-making in China,integrating the existing theoretical solutions and advanced experience in practice,and referring to the rationality of the system construction of foreign major administrative decision-making risk assessment,the author draws a conclusion that the solution is feasible at this stage.The countermeasures and problems correspond to each other,which can be divided into six aspects: To promulgate uniform laws and regulations at the national level,To clarify the subject of risk assessment for major local administrative decisions,To determine the scope and criteria of risk assessment for major local administrative decisions,Optimizing risk assessment methods for major local administrative decisions,To standardize risk assessment procedures for major local administrative decisions,Improve the accountability system for risk assessment of major local administrative decisions.