Reserch On The Legalization Of The Desicion Procedure Of The Local Governments’ Significant Policies In China

The 19th National Congress of the Communist Party of China proposed that "we should improve the decision-making mechanism in accordance with the law and build such a power operation mechanism with scientific decision-making,firm implementation and strong supervision." This also means that the state has put forward more precise and clear requirements for major administrative decisions of local governments.The legalization of major administrative decision-making procedures of local governments has always been an important part of the process of legalization in China.Local governments at all levels first trial implement major administrative decision-making procedures and regulations,so our country has gained some valuable experience in the legalization of major administrative decision-making procedures of local governments,but the legalization of major administrative decision-making procedures of local governments is still in the stage of development.In recent years,in some important administrative decisions related to people’s livelihood,such as education,health care,housing and environmental protection,some local governments have neglected the importance of decision-making procedures such as public participation and expert demonstration,resulting in frequent occurrence of mass disturbances.Therefore,it has become an important issue to improve the rule of law in the major administrative decision-making procedures of local governments in China.In this regard,starting from the basic concepts of the legalization of major administrative decision-making procedures,the paper expounds the theoretical basis of the legalization of major administrative decision-making by local governments,that is the procedural justice theory,the theory of popular sovereignty,the theory of managing state affairs according to law and the theory of limited government.On this basis,this paper combs and analyses the current situation of the legalization of major administrative decision-making procedures of local governments in detail,and summarizes the main existing problems of the legalization of major administrative decision-making procedures of local governments from five aspects:legislation,decision-making making procedures,decision-making implementation procedures,decision-making supervision procedures and decision-making accountability procedures.Then,through the analysis of the hearing procedure,consultation system and responsibility mechanism of foreign administrative decision-making,this paper explores the successful experience that can be used for reference,so as to further clarify and improve the specific countermeasures of the legalization of major administrative decision-making procedures of local governments in China,and explores the path of legalization of major administrative decision-making procedures in line with China’s national conditions.That is to speed up the promulgation of major administrative decision-making procedural regulations,increase the proportion of procedural rules in legislation,effectively improve the public participation system,standardize expert demonstration mechanism,build risk assessment system,strengthen the legitimacy review,and promote the collective discussion decision-making mechanism.In addition,the introduction of independent third-party tracking and feedback evaluation agencies,attention to the decision-making evaluation process of qualitative analysis and quantitative analysis,standardize the main body of major administrative decision-making supervision,strengthen the supervision of major administrative decision-making formulation and implementation procedures.Moreover,we should clarify the objects and rules of accountability for major administrative decisions,and form reasonable countermeasures and opinions,so as to further promote the development of the legalization of major administrative decisions of local governments in China.