Study On Procedure Of Decision-making On Fatal Issue

In tradition, decision-making belongs to the study object of administrative science and administrative manage science. But in fact, we often make a decision in daily management. And it sometimes affects rights and interests of private party to the administration.Therefore,it's necessary to study on decision-making by administrative law. In order to balance respect and restrict of administrative discretion, The decision-making administrative law studied on is that ought to be or can be or had been be controlled by law. And the decision-making in legal is the activity and process of deciding public affairs by departments and their clerks to achieve administrative objects, based on legal authority and statutory procedures. Defining decision-making and analyzing its classification provides conditions for deciding scope of legal control. In order to resolve the problem caused by the diversification and complication of its classification, we study only on the decision-making of fatal issue. To define which one is fatal issue, we should analyze administrative standard documents and then abstract their standards. Those standards involve: private person's number and its proportion, the cost, influence on the public interests or citizens' vital interest, whether limiting rights and freedoms or not, whether has all-sided, comprehensive or long-term influence or not. The above established the foundation for determining research scope of this article. Viewing the practice of decision-making in our country, we may see many problems. Those reasons not only contain extrinsic problem such as absence of theory and legislation, but also contain intrinsic problem such as deficiency of the system and the organ of administrative decision-making, administrative decision-making ruled by procedure and law is not adequate, surveillant system and error-correction system of decision-making is absence, also, the function of information-collection and opening government information in decision-making is not great. Because the strength of judicial review in our country is very weak, the way of resolving their problems is the legal procedure of administrative decision-making. As a administrative process, decision-making is the sequence-controlled system. So, we can realize the legal control to all the procedures if we carry on legal control to each stage. The more important is that, the administrative decision-making governed by legal procedure should accord with a series of systems. These systems are constructed on due process of law and on the reasonable technique of decision-making. The contents include the system of citizen participation, the system of expert consulting, the system of feasible proving, the system of unfeasible proving, the system of evaluation afterwards, the system of cost-benefit analysis, the system of evaluation of effects on environment and sources, the system of protecting the bottom of society, the system of balancing public interests and the system of opening government information. These procedural systems represented by the system of citizens' participation and the system of expert consulting respond to the requests of making a decision democratic and reasonable, and provide the way to balance the rationality and justice.