Research On The Legality Review System Of Major Administrative Decisions

As an indispensable link and procedure for major administrative decision-making,legality review is of great significance in promoting decision-making according to law,protecting public interests,and protecting the legal rights and interests of administrative counterparts.In order to solve the problems existing in major administrative decision-making,the party and the state have constantly implemented new systems to promote the decision-making of administrative organs in accordance with the law.They have attached great importance to the issues of major administrative decision-making and issued a series of legal regulations.Since the implementation of the "Administrative Outline for Comprehensively Promoting Administration According to Law",the legality review and public participation have been determined as the statutory procedures for major administrative decision-making,thereby improving the level of rule of law for decision-making bodies in major administrative decisions,and providing new The driving force.However,in the practice of administrative decision-making matters,some decision-making departments have not exercised their power in strict accordance with the requirements of the norms,resulting in the emergence of illegal administration and abuse of power.This has also seriously affected the public’s recognition of the government’s credibility.In 2019,the State Council promulgated the Interim Regulations on major administrative decision making,in which the relevant procedures for major administrative decision-making are determined according to law,including the legality review,but the regulations only provide the basic institutional framework for the legality review of major decisions in principle.The regulations stipulate that major administrative decisions should be subject to legitimacy review.Due to the reform of state institutions,the legal affairs office is incorporated into the Ministry of justice.Therefore,the regulations do not specify the subject of legitimacy review,which also makes the specific operation of administrative organs more difficult.In addition,although the regulations determine the standards of legitimacy review,the standards are too broad,and also put forward higher requirements for the review department.As for the opinion and legal effect of the legality review,the regulations are still not clearand need to be further improved.The first part of this paper introduces the connotation of major administrative decisions.First of all,the concept of major administrative decision-making is studied to understand the connotation of major administrative decision-making;second,the research on the legalization of major administrative decision-making is conducted to explain why major administrative decision-making should be legalized and its legitimacy should be reviewed;third,the determination standard of major administrative decision-making is studied.This part mainly discusses the research object of this paper-major administrative decision-making from these three aspects 。First of all,by combing the mainstream views of the theoretical circle,the mainstream views of administrative decision-making are: "behavior theory","determinism","activity theory","process theory" and many other theories.The academic circle believes that "process theory" is more in line with the connotation and extension of administrative decision-making.Secondly,the reasons for the legalization of administrative decision-making are demonstrated,mainly from the aspects of public power,publicity and influence of administrative decision-making.Finally,it is to determine the standards of major administrative decision-making,to provide the corresponding scope for the legitimacy review.The article analyzes the standards of major administrative decision-making,which are demonstrated from a high degree of political,professional,social public welfare and citizen’s private interests,so as to determine the standards.The second part expounds the necessity of examining the legitimacy of major administrative decisions.This part first describes the importance of the review of the legitimacy of major administrative decisions,and holds that major administrative decisions are based on the protection of civil rights,the rule of law government and the legitimate exercise of administrative power.Moreover,it emphasizes the legitimacy of major administrative decisions,which involve social public interests and private rights.Therefore,major administrative decisions should conform to the legitimacy.Major administrative decision-making is the process of interest redistribution,so the decision-making behavior needs the guidance of legitimacy.The third part introduces the current situation and shortcomings of the system of the legitimacy review of major administrative decisions.Through combing and summarizing the legislation of the local government and the central government,wecan understand the practice status of the legitimacy review of major administrative decisions.Then analyze the shortcomings of the current legitimacy review system of major administrative decision-making,and provide improvement ideas for the following to improve the current legitimacy review system.At present,there are many problems in the review system of major administrative decision-making,such as the fuzzy subject of the review,the wide differences in the scope of the review,the too general standard of the review,and the unclear results of the review.The fourth part is to put forward suggestions to improve the existing legal review system.It can be improved mainly through the following aspects: first,reasonable allocation of the main body of legitimacy review and suggestions for establishing the work organization of legitimacy review;second,scientific definition of the scope of review and determination of the scope of review by means of clear examples,negative exclusion and list of contents;third,detailed determination of review standards,decision-making main body,decision-making procedure,decision-making content and decision-making The fourth is to standardize and unify the review opinions,and to supplement and improve the form,types and legal effect of the review opinions.