Legally Defining the Scope of Major Administrative Decisions(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2017年05期
- Page:
- 44-
- Research Field:
- 法制现代化研究
- Publishing date:
Info
- Title:
- Legally Defining the Scope of Major Administrative Decisions
- Author(s):
- GUO Xing-li
- Keywords:
- major administrative decision; public finance; basic rights; law-based decision
- PACS:
- -
- DOI:
- -
- Abstract:
- Two problems can be identified in the definitions of the scope of major administrative decisionsin the current regulations issued by local governments in China：the definitions are usually different or evenin conflicts with each other；or they are just some general principles，which are too abstract to be appliedto relevant practices. To resolve these problems，the local governments are supposed to prescribe that thefund involved in an administrative decision should reach a proper specific ratio to the government’s revenuerather than a fixed amount when determining whether or not the decision can be identified as a major one.If an administrative decision involves people’s basic rights，whether it can be regarded as a major decisionshould be determined by the definition of the basic rights in the Constitution in combination with a systematicinterpretation of the constitutional definition. Therefore，following the spirit of rule of law，the scope of“ majoradministrative decisions” is supposed to be specifically defined as follows. If an administrative decision is aconcrete one and the fund it involves reaches the required ratio to the governmental revenue，it will be regardedas a major decision；if the decision is an abstract one which involves people’s basic rights，it will be regarded asa major decision too. The former，a definition of major administrative decision from the perspective of financialquantity，is an inevitable requirement on legal form under the influence of the mathematic rationality，while thelatter，a definition from the perspective of people’s basic rights，is the necessary requirement of basing laws onthe protection of human rights.
Last Update: 2017-09-25