Study On The Legal Review System For Major Administrative Enforcement Decisions

Legal review system for major administrative enforcement decisions refers to when an administrative enforcement authority will be made for the unit belongs to the administrative enforcement decisions of "significant",before the decision finally made shall be proposed to the decision made by the statutory legal audit review,legitimacy and rationality,as well as by the rule of law the decision made by the audit institutions to be written examination opinions reference for law enforcement of an administrative action.To explore the connotation of the legal review system of the decision of major administrative law enforcement,it should be analyzed from three aspects: the administrative law enforcement and the decision of administrative law enforcement,the scope of "major" and the legal review system.As an institutional innovation in the practice of administrative law enforcement in China,the system of legal examination and approval for major administrative law enforcement decisions has the functions of legal supervision and preventing major administrative law enforcement actions from breaking the law.Due to the lack of experience and other factors,the system has been exposed in the pilot work of the audit subject is not standard,the degree of standard procedures and other problems.In order to further improve the system,it is necessary to gradually improve the legislative level of the system,strengthen the construction of audit subjects,and audit scope,content,procedure and responsibility and other aspects of more detailed and clear.This paper adopts text analysis and other research methods to study the relevant connotation,value function,legislation and practice of the legal review system of major administrative law enforcement decisions.This paper is mainly carried out from the following aspects: The first part,in the introduction,the source of the topic,the research background and current situation,and the innovation points of the paper are introduced.The second part defines the relevant connotation of the legal review system of major administrative law enforcement decisions,and analyzes the extension and connotation of "major" administrative law enforcement decisions and why the scope of "major" should be limited.The third part,focusing on the procedure and entity of major administrative law enforcement decision legal system audit system,elaborated the audit procedure,scope,subject and audit basis of the system;Thefourth part explains the function of the system.In the fifth part,it analyzes the problems and their causes exposed in the current pilot work.In this part,it lists the current legislative provisions of various local departments on the system of legal review of major administrative law enforcement decisions to confirm the viewpoints of the article.In the last part,aiming at the problems existing in the current system of legal examination and approval of major administrative law enforcement decisions,the author puts forward some Suggestions to improve the system.