Research On Legal Issues Of Supervision Of Major Administrative Decisions

In modern society,administrative decision-making has become the starting point of administrative power operation,and is an important institutional medium for administrative subjects to adjust social interests and distribute social resources.Different from general administrative decisions,major administrative decisions must be restricted and supervised strictly because of their overall,extensive and long-term characteristics.In recent years,the administrative decision-making system of administrative organs at all levels has been constantly improved,and the awareness and ability of leading officials at all levels to make decisions in a scientific,democratic and law-based manner have also been gradually enhanced.But at the same time,it should be noted that illegal decision-making and arbitrary decision-making still occur in practice."The stock is not clear yet,but the increment still occurs" is an important judgment of General Secretary Xi Jinping on administrative power corruption.Supervision is the key to win the final victory of the fight against corruption and upholding integrity.Therefore,in order to standardize the exercise of administrative decision-making power,reduce or even avoid the occurrence of illegal and wrong decision-making events,constantly improve the credibility and execution of decision-making,and then achieve the goal of democratization,scientific and legal decision-making,it is necessary to strengthen the supervision of major administrative decision-making.Major administrative decisions refer to administrative acts in which administrative organs,in accordance with legal procedures,draw up implementation plans and make decisions on social public affairs involving a wide range,a large number of people and far-reaching influence in their own administrative areas in order to achieve administrative goals.The theoretical basis of supervision includes the theory of government rule of law and people’s sovereignty.By analyzing the catalogue of decision-making items,procedure and accountability system,this paper finds that there are some problems in the catalogue of decision-making items,procedure supervision and accountability system.In terms of the catalogue of decision-making items,the authority of its establishment is scattered,and the standard is abstract;In terms of procedural supervision,public supervision is not strong enough,the reporting system of people’s congresses is not effective enough,and the supervision function of post-decision evaluation cannot be guaranteed.In the aspect of accountability system,the procedure of accountability is absent,the subject of lifelong accountability is abstract,and it is difficult to carry out.The above problems are mainly due to the unclear understanding of the nature of the catalogue of major administrative decision-making items,the existence of errors in the identification of the attributes of post-decision evaluation and the failure of the supervision function of the main body of supervision.Therefore,in respect of the catalogue of major administrative decisions,we should strengthen supervision by formulating unified catalogue management methods and filing examination.In terms of major administrative decision-making procedures,it is necessary to improve the mechanism for selecting the subject of public supervision,establish a mechanism for publicizing and giving feedback to decision-making opinions,standardize the working procedure of reporting to the NPC,and enhance the effectiveness of post-decision-making evaluation and supervision.In terms of the accountability system for major administrative decisions,the procedures for accountability for decisions should be clarified,the lifelong responsibility causes should be clarified,and the trans-regional collaborative responsibility accountability mechanism should be established to strengthen the responsibility supervision after the event.In the end,the whole process of supervision over major administrative decisions will be formed to protect the scientific,democratic and law-based implementation of major administrative decisions.