Research On The Criteria For Defining The Scope Of Major Administrative Decision-making Matters

The definition of the scope of major administrative decision-making is the basis and premise for the development and deepening of major administrative decision-making systems.And it focuses on the study of the standard issues that define which administrative decision-making matters are "Major".In China,with the continuous improvement of the rule of law,the major administrative decision-making system is also constantly deepening.The major administrative decision-making system has rich theoretical connotations.In nature,identifying it as a special administrative activity with both abstract and specific dual nature,which runs through the administrative management activities.In terms of procedures,the Fourth Plenary Session of the 18th CPC Central Committee explicitly clarifies public participation,expert argumentation and other procedures.As a statutory procedure for major administrative decisions,regulating the exercise of administrative decision-making power is conducive to mitigating and avoiding the risk of decision-making mistakes.These theories have great reference value for the definition of major standards.In addition,the criteria for defining "significant" have sufficient legitimacy basis,including the actual foundation and theoretical basis.This is not only the specific application of theoretical research in the system construction,but also the potential risk problem in response to the current major administrative decision-making system.It promotes to standardize the major administrative decision-making systems.At present,the system is still in the initial stage and the development of the institutional framework is still immature.The academic and practical sessions pay more attention to the study of procedural issues,such as public participation,accountability and the procedure of the major administrative decision-making systems.However,defining the scope of the major administrative decision-making is rarely studied by scholars and it belongs to the blind spot of research.Through the investigation of the legislative practice of the central and local governments,the author summarizes the problems existing in the process of defining "significant".It mainly includes:The first,the concept connotation is ambiguous,which makes it difficult to define the scope of major administrative decision-making matters;the second,the lack of a leading legislative carrier leads to the absence of a uniform definition of standards,and the local governments' scope of matters prescribed varies widely,and even contradictions arise;the third,"Major" has the characteristics of time and space dynamics,which affects the definition of the scope of the major administrative decision-making matters;the fourth,in the provisions of the scope of matters,the existence of the clauses leads to the excessive discretion of the decision-making body.In addition,there is no uniform definition of "Major".This is likely to cause abuse of administrative power and so on.Aiming at the many problems existing in theory and practice,this paper analyzes and discusses the nature and characteristics of major administrative decision-making,and attempts to explore the standard of the scope of major administrative decision-making matters by means of type analysis.First,the article identifies major administrative decisions as a special administrative activity that combines abstract and concrete duality.Secondly,for abstract major administrative decisions,basic rights,public interests,and overall interests can be defined as standards;for specific major administrative decisions,the amount of funds and professionalism can be defined as standards;Through discussing the different standards,accurately defining the scope of major administrative decision-making promotes the implementation of the normative administrative decision-making system in practice.Finally,major administrative decision-making bodies should develop a dynamic catalogue system to further deepen the management of the scope of "Major" decision-making matters.And strengthening the democraticity of the administrative decision-making system by means of the information disclosure system.The determination of these defining standards has certain theoretical and practical significance for the development of major administrative decision-making systems.