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Research On The Legitimacy Review System Of Major Administrative Decisions

Posted on:2020-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:J HanFull Text:PDF
GTID:2416330590952453Subject:Constitution and Administrative Law
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Major administrative decision-making legitimacy review is one of the major administrative decision-making legal procedures,the level of censorship affects the development of the society and people's interests.So it is necessary to carry out major administrative decision-making behavior regulation to reduce or even avoid false decision-making,illegal events happening,which can improve the decision-making level of the government as a whole.The legitimacy review of major administrative decisions in this paper refers to the decisions carried out by the legal institutions within the administrative organs,which belongs to the internal supervision mode of the government and does not include the legitimacy review carried out by other supervisory organs such as the court.In practice,scholars have done much research on the legitimacy of administrative decisions,but the research on the legitimacy review system of major administrative decisions is not mature.There are lot of space leaving for our research.In the Provisional Regulations on Major Administrative Decision-Making Procedures(Consultation Draft)which issued by the state council in 2017,we can find that the state has begun to pay attention to the impact of the legitimacy review of administrative decisions on the decision-making results.However,from the current situation,China has not promulgated the unified regulations on major administrative decision-making procedures.In practice,there are many problems in the legitimacy review of major administrative decisions,such as unclear setting of review subjects,inconsistent construction of review standards,irregular review opinions,and inadequate accountability,which all affect the implementation of the legitimacy review.Based on the analysis of the relevant legislative documents,this paper summarizes the current deficiencies of the system,and puts forward some suggestions to improve the existing problems.The paper consists of four parts:The first chapter is the introduction,which explains the background,purpose and significance of this research.And also introduces the research status of relevant issues at home and abroad,and summarizes the research methods and ideas used in this paper.Chapter two analyzes the legitimacy of major administrative decisions.Defining the relevant concepts of major administrative decisions is the first step to carry out research,and then discusses the necessity of review.Finally,the author summarizes the enlightenment to China by analyzing the experience of the legitimacy review of major administrative decisions in foreign countries.Chapter three analyzes the current situation and problems of the legitimacy review ofmajor administrative decisions in China.First of all,the legality of major administrative decisions start from the main content of the review system.Then,on the basis of specific analysis of relevant empirical data,it points out the four core issues of the legitimacy review subject,standards,opinions and accountability of major administrative decisions.Finally,analyze the causes of these problems.The fourth chapter puts forward how to improve the legitimacy of our major administrative decisions review system.The deficiency of this chapter and the third chapter,the improvement of the specific methods are put forward.
Keywords/Search Tags:administrative decision-making, major administrative decisions, legitimacy review
PDF Full Text Request
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