Study On The Legality Review System Of Major Administrative Decisions In Guangxi

The value of establishing a system for reviewing the legitimacy of major administrative decisions within the executive branch is reflected in the ability and qualifications of the executive branch to review the legitimacy of a draft decision before it is submitted to the decision making body for discussion,the specific subject in charge of the legitimacy review shall,in accordance with the statutory scope,standards and procedures,review the authority,procedures and contents of the draft decision-making for the legitimacy of the decision-making,and form a qualitative and directive legitimacy review of the draft decision,mainly responsible for drafting the draft decision executive branch or draft decision executive branch,usually in accordance with the legitimacy review of the draft decision,it is an important part of the executive branch’s administration according to law to make appropriate amendments and improvements to the draft decision to avoid illegal acts in the decision making process.Therefore,the study of the legality review system of Guangxi’s major administrative decisions is of great practical significance to promote the implementation of administration according to law and the construction of the government under the rule of law.The administrative decision-making organs or the drafting organs of administrative draft decisions strictly abide by the provisions of the Constitution and laws when making decisions on major administrative decision-making matters of wide concern and far-reaching impact to the society,to be cautious in making major administrative decisions conducive to national stability,social development and people’s well-being,the results of which will have a long-term and major impact on local economic and social development,concerning the interests of citizens,legal persons or other organizations,it is often necessary to initiate a decision-making process when making major administrative decisions,including seeking the valuable opinions of the public and the professional and authoritative opinions of experts and scholars,comprehensive Risk Assessment of decision-making,careful verification of the results of the legitimacy review of decision-making,collective discussion of decision-making mechanisms within the executive decision-making organs and decision-making openness,implementation and adjustment,etc..Among them,decision-making according to law,scientific decision-making,and democratic decision-making are mainly guaranteed by the review system of the legality of major administrative decisions.Therefore,the study of the review system of the legality of major administrative decisions in Guangxi,it is of great significance to study how to regulate the administrative power by law to guarantee the broad and long-term interests of all social subjects.The construction level of the legitimacy review system for major administrative decisions varies from place to place throughout the country,and provinces with high levels of economic and social development,represented by the eastern coastal areas,have made relatively rapid progress and have relatively perfect systems,however,the economic and social development in the West is in the middle and lower reaches of the regional major administrative decision-making legitimacy review system construction is relatively slow.Through the study on the current situation of the legality review system construction of Guangxi’s major administrative decisions,it has a strong reference significance for the provinces and autonomous regions where the legality review system construction of major administrative decisions is relatively slow,it provides an effective reference for the state to establish a comprehensive system of legality review of major administrative decisions,even for legislation.The normal examination standard of the legality of major administrative decision generally includes three aspects: Authority,Content,legality of procedure and so on.The common methods of reviewing the legitimacy of major administrative decisions include written review,expert argumentation,on-the-spot research and other forms.In this regard,it is important to make a scientific and reasonable selection of review methods before making a major administrative decision.In choosing the review method,the main consideration is whether the chosen review method matches with the type and specific situation of the major administrative decision,but the legitimacy review should not be replaced by the way of soliciting opinions.The executive branch’s ultimate decision on whether or not to abide by the laws and regulations is made by the executive branch’s internal judicial review department,which carries out the major administrative legality review mechanism.At the same time,the Judicial Review Department,in the process of conducting the legitimacy review,experts with relevant professional backgrounds in the industry and Executive Branch,public service lawyers,professional social organizations and other experts from different disciplines should be invited to participate and make recommendations for the best review.This article mainly uses the case law,the literature law,the comparison law and so on research method,mainly uses the literature law,firstly,it discusses and analyzes the research background and research value of the selected topic,as well as the investigation results of the important administrative decision both at home and abroad.Then,it will make an in-depth study of the legal aspects of the legality review of the major issues concerning the stability of the country,social development and the happiness of the people,and collate and integrate the specific theories of the legality review of the major issues,this paper expounds the preconditions and hypothetical conditions that need to be applied in the process of legitimacy review of administrative decisions,lists the characteristics of major administrative decisions that are different from those made on behalf of others,and rationalizes the concept of legitimacy review,on the examination of the legality of major administrative decisions.Next,starting with the current situation of the legitimacy review system for the main administrative decisions of the Guangxi Zhuang Autonomous Region,the main sample was the content of the systems and regulations related to the review system of the legality of major administrative decisions,which were published by the Guangxi Zhuang Autonomous Region government at the same level and15 government administrative organs of 14 cities,including the governments of Nanning and Liuzhou,it is concluded that the construction of the important legality review system in Guangxi has low legislative rank and weak legislative rigidity The subject of legitimacy review is vague,the subject of legitimacy review is power,the subject of responsibility is lack of detail,the subject of legitimacy review is lack of independence and professionalism,the subject of legitimacy review is lack of Operability,the standard of legitimacy review is rough,lack of Operability;There are some problems such as lack of systematicness and scientificness in the procedure of legality review and lack of uniform norm in the form of the results of legality review.After that,the causes of the problems are deeply analyzed.Finally,in the first four parts of the grass-roots research,how to improve and improve the legitimacy of Guangxi major administrative decision-making review system approach to give specific recommendations.It mainly includes the following aspects: to improve the legislative level of the legitimacy review of major administrative decisions;To formulate a detailed framework of uniform national review standards and a dynamic adjustment system for provincial-level review and revision;to exercise supervision over major administrative decisions,and to improve the mechanism of Lifelong Accountability and accountability review;and to coordinate legislation,establishing a systematic mechanism to review the legitimacy of major administrative decisions.