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重大行政决策追责涉及主体、客体、程序、救济等方面的法律问题。立基于法学理论及有关重大行政决策追责的法律规范和实践,可以从追责主体、追责权限、责任主体三个方面解读重大行政决策追责的主体,从追责事由、责任形式、追责效果三个方面分析其客体,从形式程序、归责原则、责罚原则三个角度阐释其程序,从申辩机制、举证责任分配机制、申诉机制三个方面论述其救济。通过这些论析,大致可以勾勒出我国重大行政决策追责机制的基本法治要素,解决重大行政决策追责的相关法律问题。
Major administrative decision-making involves the legal issues of the subject, object, procedure, relief and so on. Based on the legal norms and practices of legal theory and major administrative decision-making, we can interpret the subject of major administrative decision-making responsibility from three aspects: the subject of responsibility recovery, the responsibility of responsibility and the main responsibility, Responsibility and effectiveness of the three aspects of analysis of its object, from the formal procedures, attributed the principle of responsibility to explain the three angles of the procedure, from the defense mechanism, the burden of proof of the distribution mechanism, the appeal mechanism of three aspects of its relief. Through these analyzes, we can roughly outline the basic elements of the rule of law in China’s major administrative decision-making responsibility system and resolve the relevant legal issues in major administrative decision-making.