Study On The Major Administrative Enforcement Decision Legal Audit System

Major administrative enforcement decision legal audit system as one of three of the State Council for administrative law enforcement system,aimed at from the perspective of promoting the rule of law government construction,strengthen the administrative law enforcement organ for administrative enforcement decisions prior review legitimacy to promote fair law enforcement is strictly regulated,to ensure legal and valid administrative enforcement decisions,improve the government’s credibility.However,due to the theoretical research on legal system audit system is still limited to the self regulation theory,the system will function in design of a single location for rigid internal supervision system,legal supervision system in the implementation of difficult to adapt to the growing complexity,administrative legal relation between administrative law enforcement risk diversification,reform of the administrative law enforcement steadily,form a complete set of legal system is not perfect and so on administrative law enforcement of internal and external environment makes the realistic demand for legal review system.In the operation of the system,there are also some problems,such as insufficient equipment and capacity of audit subjects,difficulty in clarifying the scope of audit,inconsistent audit standards,imperfect audit procedures and unclear audit responsibilities.In order to promote the implementation of the legal review system for major administrative law enforcement decisions,this paper suggests exploring the theoretical basis of the system from the theories of self-regulation,risk decision and economic law,realizing the transformation from a single function to a multiple function from subjective consciousness,and cultivating the thinking of the new normal legal review system.From the top design to promote the legalization of the system,eliminate the implementation of various other system obstacles;We should promote the standardization of the system from the perspective of micro construction,give play to the main role of public lawyers,establish a relatively clear scope of audit,establish a unified legality review standard,improve the legal review procedure and accountability system,so that the legal review system can truly become a powerful booster for administrative law enforcement organs to improve the level of administration according to law.