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Two-Dimensional Structure Of Legalization Of Administrative Decision-Making

Posted on:2013-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y KongFull Text:PDF
GTID:2246330371999835Subject:Constitution and Administrative Law
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In the face of huge executive power, a strong bureaucratic and authoritarian decision-making mode of national institutions, economic, social and political reform will be caught in a difficult predicament.In this context, the construction of government under the rule of law has already been put on the agenda. The State Council enacted the Implementation Outline of Comprehensive Promoting Administration According to law for the proposed guidance at the macro level and micro level, the goal of building a government under the rule of law.The legaliztion of Administrative decision-making is an important part of the construction of government under the rule of law, namely to limit the scope of the administrative decision-making role within the legal provisions of the Constitution, in order to achieve the legalization of administrative decision-making.In the context of building a government under the rule of law, The connotation of Rule of Law shall include administration according to Law and good governance, which administration according to law to emphasize the legitimacy and good governance is to highlight best. The full meaning of a government under the rule of law, including the research on legality and best condition, the administrative decision-making should be simultaneously based on the legitimacy and best judgment to realize the legalization.In the context of construction of the socialist government under the rule of law, this paper will explore the two-dimensional structure of the administrative decision-making with the legitimacy and best judgment, with which logical structure the administrative decision-making process to be researched and relevant systems to be improved, analyze empirically through specific administrative decision-making instances, and look forward to new development of the administrative law.Research on Two-dimensional structure of the legalization of administrative decision-making will provide a theoretical basis to the development of interdisciplinary research, and promote the government under the rule of law in China and new administrative law to mature.This paper includes four parts with an part of outlook analysis.The first chapter broaches the original intention of writing this article and problems cited to think, analysis deconstruct the meaning of the title, illuminates the proper meaning of legalization of administrative decision-making and the concept of two-dimensional structure specifically, and describes the relationship of legalization and the two-dimensional structure in the administrative decisions.On the basis of interpretating the meaning of the title,The second chapter discusses deeply the legalization of administrative decision-making two-dimensional structure, namely, the legitimate judgment and the best judgment of the administrative decision-making, and draw the fetters of the legalization of the administrative decision-making.In the logical perspective of legitimate and best judgment of the administrative decision-making, The third chapter conducts a detailed analysis in the administrative decision-making process, including analyzing the specific systems building and improvement in the process formation, implementation and realization of administrative decision-making with the method of two-dimensional structure; describes the prosess of legalization of administrative decision-making using examples.At the end of the article, the fourth chapter, by the above discussion of the two-dimensional structure of the legalization of administrative decision-making, mentions the interdisciplinary development of administrative law and outlooks its development.
Keywords/Search Tags:Administrative Decision-Making, Legalization, Two-Dimensional Structure, System improvement
PDF Full Text Request
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