法治思维视角下重大行政决策事项范围界定

Regulation of the Major Administrative Decision-Making Procedures in the View of the Rule of Law Thinking

规范重大行政决策程序在当前建设法治政府的时代背景下具有重要意义,而科学、合理地界定重大行政决策的概念是其重要的基石。重大行政决策概念界定的困境体现在其上位概念行政决策在行政法学领域中独立性不强,外延宽泛而难以确定。通过对行政决策法治理论和重大行政决策的法治实践研究来完善重大行政决策事项范围:一是完善重大行政决策提起制度,保证多元的参与主体;二是鼓励领导干部运用法治思维以防止行政自由裁量权的滥用;三是建立重大行政决策年度目录制度以促进其概念外延的固化。

It is significative to regulate the major administrative decision-making procedures under the background of constructing a nomocracy government, defining the concept of major administra-tive decision-making scientifically is the important cornerstone. The definition of major administrative decision-making is faced up with the dilemma that concept embodied in its upper administrative decision-making in the field of administrative law is not so independent and the broad extension is difficult to determine too. We can improve the scope of major administrative decision-making issues by studying the administrative decision of the rule of law theory and the practice of the rule of law major administrative decision-making research. Firstly, our government should improve the major administrative decision-making system and ensure the participation of multiple subjects;Secondly, our government can encourage government leaders and civil servants use the rule of law thinking to prevent the abuse of administrative discretion;Thirdly, the relevant departments should build a major administrative decision-making annual directory system so as to promote the concept extension of curing.