Research On The Subject Of Major Administrative Decision-making Review

The review of major administrative decisions plays an essential role in preventing decision-making risks,saving costs of major administrative decisions,and improving the effectiveness of major administrative decisions.The Provisional Regulations on the Procedures for Major Administrative Decisions of 2019 is a special provision on the procedures for major administrative decisions in China.The regulation provides a legal basis for the procedure of major administrative decisions in China.China's existing theoretical research on major administrative decisions mainly focuses on procedural provisions on the formation,implementation,and legitimacy review of major administrative decisions.The systematic and comprehensive research on the contents of such entities as the subject of review of major administrative decisions is not mature.Defining the scope of the review subject of major administrative decisions not only helps achieve the supervision of whether the subject of the decision is exercising decision-making power by the law but also helps review the scientific and reasonable nature of the decision of the subject of the decision.Therefore,the subject of the review of major administrative decisions is selected for study to promote the theoretical and practical development of the review of maj or administrative decisions.The analysis of the relevant concepts of major administrative decision-making review such as the connotation,content,and function of the major administrative decision-making review and the connotation and extension of the review subject will help clarify the concept of the major administrative decision-review subject,which is a specialized,relatively independent person,organization,or institution entitled by law.The subject can review the decision-making authority,decision-making content,decision-making process of maj or administrative decisions that have gone through the decision-making process,and provide review opinions on them,as well as to as shoulder the responsibility.In the theoretical part of the main administrative decision review subject,the paper analyzes the essential requirements and characteristics of the main administrative decision review subject based on the theory of administrative autonomy,due process,and interests balancing.The subject of major administrative decision-making review should have the characteristics of professionalism,pluralism and authority,and strong responsibility,as well as the requirements of the source of power,the requirements of reviewing ability,the requirements of neutrality and independence.In addition,by sorting out the normative system of major administrative decision-making review subjects at both the central and local levels,the practical challenges faced by relevant normative documents are analyzed:first,the configuration of the powers and responsibilities of the subject of the review still needs to be clarified,and there are cross-conflicts in the review matters of the subject of the review by all parties;second,the specialization and professionalism of the subject of the review is insufficient,and the institutional setting and staffing are slightly inadequate;third,the effectiveness of the review conclusions needs to be further clarified.Given the current challenges in the theory and practice of major administrative decision review subjects in China,the paper attempts to improve the system of maj or administrative decision review subject in the type analysis method.Which including the administrative review subject and the review subject outside the administrative review subject.The paper advises to improve the mode of the composition of review subjects for maj or administrative decisions in China gradually by promoting the mode of review subjects such as public lawyers and legal advisers,,as well as classify and determine the review subjects by distinguishing decision-making matters.On this basis,by rationally allocating the powers of multiple review subjects,enhancing the specialty and professionalism of the review subjects,improving the legal effectiveness of the review conclusions,and strengthening the responsibility of the review subjects can optimize the powers and responsibilities of major administrative decision-making review subjects in China.