Research On The Disclosure Of Administrative Decision-Making

The administrative decision-making information disclosure is the premise and foundation for citizens to participate in administrative decision-making.The administrative decisionmaking information disclosure requires both the decision-making result information disclosure and the decision-making process information disclosure.Compared with the administrative information disclosure,the administrative decision-making information disclosure is more dynamic and pays more attention to the procedural information disclosure.The implementation of the new Regulations on the Disclosure of Government Information in 2019 has made it possible to establish an administrative decision-making information disclosure system by changing the procedural information formed when administrative organs perform their functions from "statutory non-disclosure" to "discretionary disclosure".The law also stipulates that government information requiring public participation in decision-making should be disclosed voluntarily,and applicants who believe that matters requiring public participation in administrative decision-making can also apply to decision-making organs for disclosure of relevant decision-making information.With the implementation of the new Regulations on the Disclosure of Government Information as a symbol,China's administrative decision-making information disclosure system has begun to take shape.In the same year,the implementation of the Interim Provisions on Major Administrative Decision-making Procedures further promoted the legal system for the administrative decision-making information disclosure.Since the development of the administrative decision-making information disclosure system started late and relies on the government information disclosure system,there is no independent decision-making information disclosure system,and therefore there are many problems at present.The main problem is that the local practice of decision-making information disclosure needs to be deepened,meanwhile the imperfection of the legal system and the failure to form a complete legal system for administrative decision-making information disclosure.In addition,the administrative decision-making organs have greater "discretion" because of the nonstandard legislative language and the lack of administrative decision-making procedure law.On the other hand,the scope of administrative decision-making information disclosure is limited due to the excessive discretion of administrative decision-making organs and the influence of the legislative mode of listing matters to be disclosed according to law.At the same time,influenced by the usual thinking of "management-oriented government" and the "rights and obligations affected" standard of process information disclosure,the depth of administrative decision-making information disclosure is limited.Furthermore,due to the information asymmetry between the administrative decision-making organs and the public and the lack of effective and normal communication channels,the public is in a weak position and it is difficult to protect their right to know and participate.Then,the discretion of the administrative decision-making organ lacks effective supervision by the judicial organ for the court lacks a reasonable basis for reviewing the discretion of the administrative decisionmaking organ.Finally,the lack of other supervision methods has led to the problem of excessive reliance on the internal supervision of administrative organ.Based on the problems in the administrative decision-making information disclosure system and the causes of the problems,firstly we should deepen the local practice of decisionmaking disclosure,and at the same time puts forward legislative proposals to strengthen legislation,promote the promulgation of administrative decision-making procedure law,further standardize the discretion of administrative decision-making organs,and construct a legal system for administrative decision-making information disclosure.Secondly,through the implementation of the principle of information disclosure,the scope of information disclosure will be expanded,and a new standard of "disclosure without negative impact" of procedural information will be established to expand the depth of administrative decision-making information disclosure.Draw lessons from Guangzhou's public advisory committee system and establish a public advisory committee system for administrative decision-making to protect the public's right to know and participate once again.Then,through judicial interpretation,judicial organs are given the right to examine the rationality of the discretion of administrative decisionmaking organs,and a guiding case system is established to regulate and guide the use of judicial organs' right to examine,so as to ensure that judicial supervision plays a positive role.Finally,we should strengthen the supervision from higher-level administrative organ and build a diversified supervision system.