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Review The Legality Of Major Administrative Decision-making

Posted on:2020-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:K S LiFull Text:PDF
GTID:2416330596973639Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The legality review of major administrative decision-making refers to a procedure for conducting legal investigations in the process of major administrative decision-making,in which the legal review body investigates and demonstrates whether major decision-making acts comply with legal requirements in accordance with the procedures and standards stipulated by law..It is an inevitable requirement for the government to achieve legal decision-making and plays an important role in the construction of the rule of law government in China.Based on the purpose of protecting the interests of administrative counterparts and the public interest,we need to conduct further research.In the theoretical circle of China,the research on major administrative decision-making started late,and the research results are insufficient.The outstanding performance is that most scholars have been paying attention to the rule of law in administrative decision-making,and the legal review of major administrative decisions related to it.Less research.This requires us to carry out the connotation of major administrative decision-making,especially the need to identify the word "significant" in both qualitative analysis and quantitative analysis.On the basis of grasping the difference between it and the general administrative decision-making and analyzing the legality connotation The connotation of major administrative decision-making is defined and its functional orientation is explored.In practice,there are many problems in the construction of the legality review system for major administrative decision-making in China,mainly due to the non-uniform legislation,the specific provisions of the rough issues,and the resulting irregularities in practical operations.Through the study of the extraterritorial law,it can be found that many countries have strict legislation,independent expert consultation and multiple review mechanisms.These development results have certain reference and enlightenment significance for China.Therefore,when perfecting the system,a unified,specialized,and independent review subject should be set up.It is necessary to reasonably establish the scope of review by means of “generalization + enumeration + exclusion” and combined with the annual catalogue,using internal self-made standards and external measurement standards.The combination of models to standardize the review,from the statutory steps,sequence,form,time limit and other four aspects of the strict control of the review process,from the clear review of the opinions and review results to standardize the results of the review,and finally dynamic supervision The system and the improvement of the supervision mode of the NPC to improve the supervision system.
Keywords/Search Tags:Major administrative decision, Legality review, Subject, Standards, Legal Consequences
PDF Full Text Request
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