Comparison And Selection Of Legalization Models Of Risk Assessment For Major Administrative Decision-making

With the advent of a risk society,the executive authorities need to pay more and more attention to the negative consequences of a series of uncertainties brought about by their administrative decisions.To this end,a number of systems for risk assessment of major administrative decisions have been issued from the central to the local level.A study of this series of systems reveals that there is no solid theoretical support for the question of whether the risk assessment is legal.This has led to a legal crisis in the assessment of major administrative decision-making risks.In order to solve the problem of legality crisis in major administrative decision-making risk assessment,what are the solutions given by the theoretical circles? What are the shortcomings of these programs? After rethinking the current plan,how to reshape the legality of major administrative decision-making risk assessment?These constitute the core content of this study.In addition to the introduction and conclusion,this paper is divided into four chapters on the framework structure:The first chapter introduces the origin and development of the major administrative decision-making risk assessment system,as well as the legality issues it faces.In this chapter,the relevant concepts of major administrative decision-making are analyzed,and the origin and development of the major administrative decision-making risk assessment system and the legality of the administrative administrative behavior of the traditional administrative law are sorted out.Due to the high degree of uncertainty in the risk of combing out,the risk assessment of major administrative decision-making in China is facing the problem of legality crisis.The second chapter introduces the current crisis to resolve the legality of major administrative decision-making risk assessment.Scholars have given two sets of solutions:expert rational model and interest representation model.On the basis of risk objectivism,the risk assessment expert rational model adheres to the instrumental rationality as the basic principle and utilitarianism as the philosophical guidance;the risk assessment interest representation model is based on the risk constructivism.In the system design,value rationality is taken as the basic principle,and pluralism is taken as the philosophical guidance.The third chapter is a reflection on the legalization model of risk assessment for major administrative decisions.Both models have the defects of partiality,ignoring thecharacteristics of risk and objective reality and subjective construction.In the system design,the instrumental rationality and value rationality are artificially divided,so it is difficult for major administrative decision-making risks.The evaluation system provides a solid foundation of legitimacy.The fourth chapter proposes a new model for the resolution of the legality crisis of major administrative decision-making-cooperative governance.The cooperative governance risk assessment model refers to the time when risk assessment of major administrative decisions is based on the basic attributes of objective realism and subjective constructivism,which can reflect instrumentality and reflect rationality.Institutional design orientation,analysis-negotiation as a risk assessment model constructed by the program.