重大行政决策专家责任制度研究

A Study of Expert Liability System of Significant Administrative Decision

党的十八届四中全会将专家论证制度确定为重大行政决策的法定程序,专家依靠其专业知识为政府出谋划策,提高政府决策的科学性和正确性。但是,目前专家责任制度存在法律规范效力较低、内容模糊、责任追究欠缺独立公正性和专家追责监督机制缺失等问题,致使专家参与重大行政决策活动的效果对其自身利益没有实质性影响,难以充分发挥专家参与重大行政决策的功能。因此,在明确专家承担责任的情形、形式的情况下,应加强对相关法律规范的"三维度"建设、实现责任追究的独立性和公正性、构建"三位一体"的监督体系,真正发挥专家的作用。

The fourth plenary session of CPC＇s 18 th Congress made the expert evaluation system as the legal procedure for the major administrative decision-making.Experts give their advice and suggestions to government according to their special knowledge.And this may help the government make scientific and correct decisions.However,the expert liability system has the problems,such as the relatively low efficacy of legal standards,vague content,lack of independent justice for responsibility investigation,and absence of supervision mechanism of investigating experts＇ responsibility.These lead to the fact that the result of experts＇ participation in the major decision-making exerts no practical influence on their own interest.Therefore,this makes the experts difficult to play their role fully in the participation in the major administrative decision making.Accordingly,when it is clear that the experts should bear their responsibility,we should enhance the three-dimension construction of relative legal standards,realize the independence and justice of responsibility investigation,and build the three-in-one supervision system in order to play the experts＇ functions fully.