Research On The Legalization Of The Risk Assessment Of China's Major Administrative Decisions

At present,China is exploring the path of building a country ruled by law and a government ruled by law.The legalization of major administrative decisions is a necessary process for the realization of administration by law,the construction of a government ruled by law and a country ruled by law.As one of the legal procedures of major administrative decisions,risk assessment plays an important role in regulating administrative power and preventing social risks.However,according to the current relevant laws and regulations and normative documents in China,there are no specific provisions on risk assessment in the central level legal documents with higher level of effectiveness,but only three legal provisions in the Interim Regulations on major administrative decision-making procedures,which can only be used as principle documents,while local governments will issue corresponding risk assessment methods or risk assessment notices when implementing major administrative decisions.However,in practice,there are a lot of phenomena of assessment for decision-making,which leads to formalization of assessment procedures and fails to play a real role in preventing risks and restricting administrative power of administrative organs.Based on the current situation of the implementation of major administrative decision-making in China,the author searched a large number of relevant documents and materials,combined with the Interim Regulations on major administrative decision-making procedures,other relevant normative documents and opinions issued by the central and State Council,and the relevant risk assessment methods and notices of major administrative decision-making formulated by local governments.In addition,with reference to the normative documents of social stability risk assessment of major administrative decision-making,this paper analyzes the causes of major administrative decision-making errors,such as the confusion between the decision-making body and the assessment body,the lack of independence of the assessment body leads to the assessment process or the assessment result is made for the smooth implementation of the decision-making,and the risk assessment procedure.There is a lack of legal documents on procedural provisions of risk assessment at thecentral level,only the local governments have formulated their own risk assessment procedures and methods,so the existing provisions on risk assessment are relatively loose and groundless.In terms of the supervision mechanism of risk assessment,since the decision-making body or the government department where the decision-making body is located in the past,the supervision of assessment is self-supervision and self-criticism within the administrative organ,lack of public supervision and other forms of external supervision,supervision and accountability mechanism is not perfect.Based on the above analysis,the author starts from the reasons that lead to the disadvantageous implementation of major administrative decision-making risk assessment.At the same time,the author puts forward several solutions to the foreign risk assessment system.First of all,the establishment of multiple and effective evaluation subject mechanism means that some decisions involve highly professional matters.Due to the lack of professionalism of the internal staff of the administrative organ,the evaluation matters can be entrusted to a professional third-party organization,and the risk assessment of social stability needs the active participation of the public.The so-called effectiveness means that the decision-making body and the assessment body must be clearly distinguished,which is an important premise to ensure the scientificity and objectivity of the risk assessment conclusion.If the decision-making body is the assessment body,it will inevitably lead to the assessment procedure is just a walk through,and it is difficult to guarantee the objective and fair conclusion of the risk assessment.Secondly,the author advocates to legislate at the central level and stipulate procedural matters related to risk assessment.When the local government formulates procedural measures for risk assessment,the legislative provisions of the central government shall be taken as the basis to realize basic procedural justice.This is also the innovation of this paper.I think there should be clear procedures for risk assessment,although there are many possible risks caused by major administrative decisions,if they are classified,they are social stability,ecological environment,economic development,and political risks.Therefore,basic and principled procedural provisions should be in place so that local legislation can be based on them.Finally,in order to ensure that the subject of the assessment conscientiously performs its duties,the supervision mechanism should be improved.The author proposes to establish the local people's Congress and the Standing Committee,and to make the assessment process open to the public to supervise the risk assessment process,at the same time,to protect and save the rights of the subjectof the assessment.As an important part of the significant administrative decision-making process,the legalization of risk assessment subjects,procedures,results and supervision is not only an important part of the administration according to law,but also a concentrated reflection of the government's thinking of the rule of law.