A Study On The Role Of Government Legal Counsel In Major Administrative Decisions

Standardizing major decisions according to law is the premise and basis for promoting the construction of a government under the rule of law and promoting administration according to law.In recent years,major decision-making mistakes still occur frequently in our country.Major administrative decision-making mistakes not only bring great property losses to the state,society and citizens,but also seriously affect the credibility of the government,make the government fall into the "Tacitus dilemma",and even endanger social stability.Administrative law is a balanced law,which should not only ensure the correct exercise of administrative power,but also control the illegal abuse of administrative power.The original purpose of the legality review system of major administrative decision-making is to stifle illegal decision-making in the bud and ensure decision-making in accordance with the law.In 2004,the State Council’s "outline for comprehensively promoting the implementation of Administration according to Law" put forward the demonstration of the legitimacy of major administrative decisions for the first time,and in 2008,the State Council’s "decision on strengthening Municipal and County governments according to Law" put forward the legitimacy review system of major administrative decisions.If the subject of legitimacy review is different,the effect of the review is different.The legality examination by the legal work department at the same level of the government is the most common way to examine the legitimacy of major administrative decisions at present.In order to make up for the deficiency of the legality review of the legal work departments of the government,and to ensure the original intention of the system design of decision-making according to law,since the fourth Plenary session of the 18 th CPC Central Committee,the government legal adviser has increasingly become an important participant in the review of the legitimacy of major administrative decisions.its position in major administrative decision-making is.In April 2019,the State Council promulgated the interim regulations on Major Administrative decision-making procedures,which once again emphasized the status and role of government legal advisers in the review of the legality of major administrative decisions.From the perspective ofwhat it should be,the government legal adviser is the facilitator of the cultivation of the rule of law thinking of the decision-making organs,the legal escort of major administrative decision-making norms,the companion of the improvement of the ability of the decision-making organs,and the communicator of the rational dialogue between the decision-making organs and the society.However,in reality,the role of government legal adviser in major administrative decisions is often misplaced,becoming the "enforcer" ordered by the decision-making organ,the "substitute" of illegal responsibility for decision-making,and the "fire brigade" after decision-making mistakes.The institutional reason for the dislocation of the role of the government legal adviser in major administrative decisions lies in the unreasonable external selection system of the government legal adviser and the imperfect protection system of the rights of the government legal adviser.the coarsening of the operation system of the government legal adviser and the imperfect accountability system of the government legal adviser.Based on this,we should improve the external selection system of government legal advisers,improve the rigid protection system of the rights of government legal advisers,optimize the operation system of government legal advisers,and establish and improve an effective accountability system,in order to ensure the positioning of the role of government legal advisers in major administrative decisions and ensure decision-making in accordance with the law.