摘要
《中共中央關於全面推進依法治國若干重大問題的决定》明確提出「健全依法决策機制。把公眾參與、專家論證、風險評估、合法性審查、集體討論决定確定爲重大行政决策法定程序Jo《法治政府建設實施綱要(2015-2020年)》進一步對完善重大行政决策程序提出六項具體要求。爲落實中央關於規範重大行政决策程序的立法要求,日前,國務院總理李克强簽署公布了《重大行政决策程序暫行條例》(以下簡稱《條例》)。《條例》的出台標志自《全面推進依法行政實施綱要》首次提出「建立健全重大行政决策機制」後,經由五百余部地方立法先行先試,中央層面以行政法規的立法形式完成統一重大行政决策程序立法。《條例》首次將縣級以上地方人民政府的重大行政决策活動全面納入法治化軌道,充分保障了人民群衆對重大行政决策的知情權、參與權、監督權,極大推動了法治政府建設,是我國法治政府建設進程中具有標志性意義的立法。
It is clearly stated in the Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Advancing the All-round Law-based Governance that measures should be taken to "improve the law-based decision-making mechanism and define public participation, expert argumentation, risk assessment, legality review, as well as collective discussion and decision-making as the legal procedures for making major administrative decisions". The Implementation Outline for Building a Rule of Law Government (2015-2020) further lays out six specific requirements for improvement of the procedures for making major administrative decisions. Therefore, in order to implement the requirement of the central government for formulating legislations to regulate procedures for major administrative decision-making, Premier Li Keqiang of the State Council signed a decree to publish the Provisional Regulations on Procedures for Major Administrative Decision-Making (hereinafter referred to as the l,RegulationsWith the introduction of the Regulations, the central government has unified the laws on procedures for major administrative decision-making in the legislative form of administrative regulations, following the trials of more than 500 local legislations since the Implementation Outline for Comprehensively Advancing Law-based Administration required efforts be made to "establish and improve the mechanism of major administrative decision-making"for the first time. The Regulations first puts all aspects of major administrative decision-making activities by local people's governments at and above the county level within the legal framework, ensures the people's rights to know about, participate in, and oversee major administrative decision-making, greatly promotes the building of a rule of law government, and thus represents a milestone legislation in China's efforts to build a rule of law government.
作者
王萬華
Wang Wanhua(the Procedural Law Research Institute of China University of Political Scienee and Law)
