Thinking On The Scope Of Application Of Major Administrative Decision-making

In today's China,economic innovation,scientific and technological innovation,cultural innovation,and social development are changing with each passing day.In order to provide better public service,the administrative organs make better public management,and make administrative decisions on all aspects of social economy and civil life.Since 2004,the State Council promulgated the outline for the implementation of comprehensive administration according to law,and put forward the goal of democratization,scientization and standardization of administrative decision-making system.Up to now,China has been exploring the establishment and implementation of the major administrative decision-making system for about 14 years,and has basically formed a major administrative decision-making system based on the State Council documents as the main body,provincial government regulations and local government normative documents.The consciousness of the people's rights is awakened,the consciousness of the supervision of the government is strengthened,the requirement of the rule of law is put forward to the major administrative decisions of the government,and the hearing system,the application of the expert consultation system and the system of lifelong accountability are used to ensure the scientific and rational decision-making,and the premise and foundation of all these are the scope of the application of the major administrative decisions.This article focuses on the scopeof application of major administrative decisions,which is divided into five chapters.The first chapter mainly introduces the existing problems of the lack of standards and explicit provisions in the application of major administrative decisions.For example,the connotation and denotation of major administrative decisions are generally more abstract,difficult to identify,and there is no specific scope and quantitative standard.This can not be said to be the legal cause of "small project discussion,small discussion of large projects,undiscussion of extra large projects" in administrative decision-making practice and such administrative decision.The mismatch between the importance of matters and the standardization of administrative decision making behavior makes the administration of law largely discounted in the decision-making process.Practical problems emerge in an endless stream,and there are frequent disturbances.Although relevant legal normative documents are stipulated in various places,there are conflicts and differences,which need to be further solved.The second chapter is mainly the theoretical analysis.This paper probes into the connotation and nature of the scope of the application of major administrative decisions,and combines the principles of administrative law with the scope of the application of major administrative decisions,and analyzes the requirements for the scope of application of the principle of administration,the principle of reasonable administration,the principle of due process and the principle of reliance and protection.The third chapter is mainly the normative analysis.This paper collects a large number of normative documents on major administrative decision-making procedures in a large number of provinces and cities,and makes a comparative analysis of the contents involving the scope of application,sums up the commonness and differences,and searches for laws or reasons.It will pave the way for judging the standards and legislative proposals of the Interim Regulations on major administrative decision-making procedures.The fourth chapter,from the number of people,the level of close to the masses,whether the influence is long,the cost is huge,and other aspects of the decision criteria for major administrative decisions,and the administrative matters to carry outa professional,comprehensive,global,scientific considerations,and form a systematic quantitative standard.The fifth chapter shows the author's point of view and puts forward legislative proposals for the scope of application of major administrative decisions.From the scope of application,enumerated matters,exclusions,disclosure of provisions and other aspects of the concept,put forward the author's point of view.At the national level,the top level design and overall planning should be carried out,the regulations on major administrative decision-making procedures and relevant explanations are introduced,and the scope of the application of major administrative decisions and its judgement mechanism are set up,and the basic problem of the scope of application of major administrative decisions is clearly defined,and the scientific decision-making system rules are made.Fan's major administrative decision making activities will promote the democratization,scientification and legalization of major decisions,and enhance the credibility and executive power of the government.