Research On The Legislative Approach Of Major Administrative Decision-making Procedure In China

On July 5,2019,the hebei provincial department of justice issued a notice soliciting public opinions on the interim measures on major administrative decision-making procedures of hebei province(draft for comments).On December 15,2019,the interim measures for major administrative decision-making procedures of hebei province was adopted at the 73 rd executive meeting of the provincial government and shall come into force as of February 1,2020.Based on the significance,historical evolution and development status of the legislation of major administrative decision-making procedures in China,this paper summarizes the relevant issues of the interim measures on major administrative decision-making procedures in hebei province and puts forward corresponding legislative Suggestions by analyzing typical cases and existing laws and regulations.The first chapter of this paper expounds the research background,significance and status quo of major administrative decisions and determines the structure of the paper.The second chapter is a preliminary definition of the major concepts involved in the legislative system of major administrative decision-making procedures,including administrative decision-making and major administrative decision-making.This paper expounds the necessity of legislation of major administrative decision-making process,which mainly includes: improving the scientific nature and democracy of decision-making,improving the administrative efficiency of administrative organs and promoting the construction of law-based government.On this basis,the historical evolution of China's major administrative decision-making procedure legislation is reviewed.The third chapter makes a comparative study of the legislation of major administrative decision-making procedure in China,mainly from four aspects: regional distribution,legislative text form,legislative rank and applicable scope.The interim measures on major administrative decision-making procedures of hebei province and its draft for soliciting opinions were sorted out.It includes five aspects: general provisions,formation of draft decisions,legitimacy review and collective discussion,implementation and adjustment of decisions,and legal responsibility.The fourth chapter summarizes the "interim measures for major administrative decision-making procedures in hebei province" the main problems are as follows: administrative decision-making of program too multifarious,public participation channels of major administrative decision-making is still not clear,expert argumentation of procedure is not standard,experts selected randomly,risk assessment,unknown is unknown,legality examination subject,accountability is not clear,the legal responsibility consciousness is not strong,lack of supervision mechanism.Chapter v in the fourth chapter,on the basis of proposed reduce the necessary procedures,improve the efficiency of decision making,open public participation channels of major administrative decision-making,improve the procedures and contents of the expert argumentation,and increasing the subjects of risk assessment,clear legal review and accountability mechanism,perfecting the responsibility and supervision mechanism,etc.And the corresponding Suggestions.