论我国行政决策民主机制的形成与发展
发布时间:2018-11-23 06:40
【摘要】: 经过30余年的发展,我国行政决策民主机制逐渐回应了社会经济、政治和文化的需要,日益满足了人民不断增长的政治参与和民主表达权利的需要。但现存的行政决策民主机制在运转中也存在诸多问题。本文主要从我国行政决策民主机制的形成入手,通过对新中国成立以来,中国行政决策民主机制形成的历史过程进行分析,从中归纳出中国行政决策民主机制的主要内容,并且对行政决策民主机制的未来发展趋势进行展望。 论文包括绪论、正文三个部分和结论,下面介绍一下论文的结构框架:绪论,在绪论部分中,主要说明选题的写作意义、研究方法以及核心概念解析等几个问题。 第一部分,我国行政决策民主机制的形成过程。在这一部分中,主要介绍新中国成立以来,我国行政决策民主机制形成和发展过程。按照历史发展的脉络进行划分,我国行政决策民主机制的形成与发展经历了五个主要的发展过程,即(1)行政决策民主机制未独立化阶段;(2)行政决策民主机制初步呈现阶段;(3)行政决策民主化科学化发展阶段;(4)行政决策民主步入战略地位阶段;(5)行政决策民主化机制深化和常规化阶段。同时指出了党的决策与行政民主决策的紧密关系,以及我国行政决策民主化进程的特点:外在性动力和内在性动力同时作用、形式化和实质化的矛盾并存。 第二部分,我国行政决策民主机制的基本内容,主要表现为政务公开制度、行政立法参与制度、公共决策公示和听证制度、专家咨询和论证制度和内部行政民主制度。 第三部分,我国行政决策民主机制的发展方向。通过对我国行政决策民主机制发展的历史地回顾,以及分析行政决策民主机制主要内容的分析,笔者认为,我国行政决策民主机制的发展应该注意和解决四个问题:一是强化法律规范对行政决策的约束和监督功能,既重视外部行政法的作用,同时发挥内部行政法的建设功能。二是健全行政程序对决策民主的规范作用,不仅重视形式法治上的行政程序,尤其要重视实质民主上的行政程序。三是建立行政决策者的责任机制,包括增进公务人员的专业知识能力、约束行政决策的自由裁量权、将成本效益分析方法引入行政决策过程、建立联合行政决策机制。四是强化公民社会的公共责任,在行政机关及其工作人员的决策责任之外,专家和咨询委员会也必须担负起行政决策责任,在公民社会里,公民也要对行政决策的参与负起责任,这与他们宪法上的言论自由和监督权利并不矛盾。 结论部分,对行政决策民主机制进行总结,重点指出我国行政决策民主机制的重要作用,明确我国行政决策民主机制的未来取向。
[Abstract]:After more than 30 years of development, the democratic mechanism of administrative decision-making in our country has gradually responded to the needs of social economy, politics and culture, and has increasingly satisfied the increasing needs of the people's political participation and democratic expression rights. However, there are many problems in the operation of the existing democratic mechanism of administrative decision-making. Starting with the formation of the democratic mechanism of administrative decision-making in China, this paper analyzes the historical process of the formation of the democratic mechanism of administrative decision-making in China since the founding of New China, and concludes the main contents of the democratic mechanism of administrative decision-making in China. And carries on the prospect to the administration decision-making democratic mechanism in the future development trend. The paper includes introduction, three parts of the text and conclusions. The following is the introduction. In the introduction, it mainly explains the significance of the topic, the research methods and the analysis of the core concepts. The first part, the forming process of democratic mechanism of administrative decision in our country. In this part, it mainly introduces the formation and development of the democratic mechanism of administrative decision-making in China since the founding of New China. According to the historical development, the formation and development of the democratic mechanism of administrative decision-making in China has undergone five main development processes: (1) the democratic mechanism of administrative decision-making is not independent; (2) the democratic mechanism of administrative decision-making is at a preliminary stage; (3) the stage of scientific development of democratization of administrative decision making; (4) the stage of administrative decision-making democracy stepping into the strategic position; (5) the stage of deepening and regularizing the mechanism of democratization of administrative decision making. At the same time, it points out the close relationship between the party's decision making and the administrative democratic decision making, and the characteristics of the democratization process of our country's administrative decision making: the extrinsic motive force and the internal motive force act simultaneously, and the contradiction of formalization and materialization coexist. The second part, the basic content of the democratic mechanism of administrative decision in our country, mainly shows as the system of open government affairs, the system of participation in administrative legislation, the system of publicity and hearing of public decision making, the system of expert consultation and demonstration and the system of internal administrative democracy. The third part, the development direction of our country administration decision-making democratic mechanism. Based on the historical review of the development of the democratic mechanism of administrative decision-making in China and the analysis of the main contents of the democratic mechanism of administrative decision-making, the author holds that, Four problems should be paid attention to and solved in the development of democratic mechanism of administrative decision in our country. Firstly, we should strengthen the restriction and supervision function of legal norm to administrative decision, and attach importance to the function of external administrative law, at the same time bring into play the construction function of internal administrative law. The second is to perfect the normative function of administrative procedure on decision-making democracy, not only to attach importance to the administrative procedure in the form of the rule of law, but also to the administrative procedure in the substantive democracy in particular. The third is to establish the responsibility mechanism of the administrative decision makers, including enhancing the professional knowledge of public servants, restricting the discretion of administrative decisions, introducing the cost-benefit analysis method into the administrative decision-making process, and establishing the joint administrative decision-making mechanism. Fourth, to strengthen the public responsibility of civil society. In addition to the decision-making responsibilities of administrative organs and their staff, experts and advisory committees must also assume responsibility for administrative decision-making, and in civil society, Citizens are also responsible for their participation in administrative decisions, which is not inconsistent with their constitutional rights to freedom of speech and oversight. The conclusion part summarizes the democratic mechanism of administrative decision-making, points out the important role of the democratic mechanism of administrative decision-making in China, and clarifies the future orientation of the democratic mechanism of administrative decision-making in China.
【学位授予单位】:吉林大学
【学位级别】:硕士
【学位授予年份】:2010
【分类号】:D922.1
[Abstract]:After more than 30 years of development, the democratic mechanism of administrative decision-making in our country has gradually responded to the needs of social economy, politics and culture, and has increasingly satisfied the increasing needs of the people's political participation and democratic expression rights. However, there are many problems in the operation of the existing democratic mechanism of administrative decision-making. Starting with the formation of the democratic mechanism of administrative decision-making in China, this paper analyzes the historical process of the formation of the democratic mechanism of administrative decision-making in China since the founding of New China, and concludes the main contents of the democratic mechanism of administrative decision-making in China. And carries on the prospect to the administration decision-making democratic mechanism in the future development trend. The paper includes introduction, three parts of the text and conclusions. The following is the introduction. In the introduction, it mainly explains the significance of the topic, the research methods and the analysis of the core concepts. The first part, the forming process of democratic mechanism of administrative decision in our country. In this part, it mainly introduces the formation and development of the democratic mechanism of administrative decision-making in China since the founding of New China. According to the historical development, the formation and development of the democratic mechanism of administrative decision-making in China has undergone five main development processes: (1) the democratic mechanism of administrative decision-making is not independent; (2) the democratic mechanism of administrative decision-making is at a preliminary stage; (3) the stage of scientific development of democratization of administrative decision making; (4) the stage of administrative decision-making democracy stepping into the strategic position; (5) the stage of deepening and regularizing the mechanism of democratization of administrative decision making. At the same time, it points out the close relationship between the party's decision making and the administrative democratic decision making, and the characteristics of the democratization process of our country's administrative decision making: the extrinsic motive force and the internal motive force act simultaneously, and the contradiction of formalization and materialization coexist. The second part, the basic content of the democratic mechanism of administrative decision in our country, mainly shows as the system of open government affairs, the system of participation in administrative legislation, the system of publicity and hearing of public decision making, the system of expert consultation and demonstration and the system of internal administrative democracy. The third part, the development direction of our country administration decision-making democratic mechanism. Based on the historical review of the development of the democratic mechanism of administrative decision-making in China and the analysis of the main contents of the democratic mechanism of administrative decision-making, the author holds that, Four problems should be paid attention to and solved in the development of democratic mechanism of administrative decision in our country. Firstly, we should strengthen the restriction and supervision function of legal norm to administrative decision, and attach importance to the function of external administrative law, at the same time bring into play the construction function of internal administrative law. The second is to perfect the normative function of administrative procedure on decision-making democracy, not only to attach importance to the administrative procedure in the form of the rule of law, but also to the administrative procedure in the substantive democracy in particular. The third is to establish the responsibility mechanism of the administrative decision makers, including enhancing the professional knowledge of public servants, restricting the discretion of administrative decisions, introducing the cost-benefit analysis method into the administrative decision-making process, and establishing the joint administrative decision-making mechanism. Fourth, to strengthen the public responsibility of civil society. In addition to the decision-making responsibilities of administrative organs and their staff, experts and advisory committees must also assume responsibility for administrative decision-making, and in civil society, Citizens are also responsible for their participation in administrative decisions, which is not inconsistent with their constitutional rights to freedom of speech and oversight. The conclusion part summarizes the democratic mechanism of administrative decision-making, points out the important role of the democratic mechanism of administrative decision-making in China, and clarifies the future orientation of the democratic mechanism of administrative decision-making in China.
【学位授予单位】:吉林大学
【学位级别】:硕士
【学位授予年份】:2010
【分类号】:D922.1
【参考文献】
相关期刊论文 前10条
1 徐秀霞;;建立和完善法治化的行政决策机制[J];长白学刊;2007年06期
2 于立深;;中国行政法学30年的理论发展[J];当代法学;2009年01期
3 王麟;;行政协助论纲——兼评《中华人民共和国行政程序法(试拟稿)》的相关规定[J];法商研究;2006年01期
4 王锡锌;;我国公共决策专家咨询制度的悖论及其克服——以美国《联邦咨询委员会法》为借鉴[J];法商研究;2007年02期
5 郭蕾;;法治视野下的政府决策权制约研究[J];河北法学;2009年08期
6 汪来杰;对电子政府下行政决策问题的理性思考[J];河南师范大学学报(哲学社会科学版);2004年06期
7 黄嵘;;政府决策科学化的路径选择——论民意调查与政府决策[J];中共杭州市委党校学报;2006年02期
8 严仍昱;;决策者利益与行政决策科学化[J];经济社会体制比较;2009年03期
9 崔卓兰;卢护锋;;行政自制之途径探寻[J];吉林大学社会科学学报;2008年01期
10 王金平;;地方行政决策的结构解析[J];领导科学;2009年32期
相关重要报纸文章 前6条
1 王一程;[N];北京日报;2006年
2 孙彩红 ,
本文编号:2350646
本文链接:https://www.wllwen.com/shekelunwen/minzhuminquanlunwen/2350646.html