“重大行政决策法治化”已经成为加快建设法治政府过程中的一个重要问题,其基本的实现路径为:激活民主参与、健全法定程序、强化合法性审查、落实决策责任。民主参与对于重大行政决策遵循法治理念起着基础性的作用。建立健全决策的程序,不仅应该抓好决策的相关环节,而且应该加快重大行政决策程序方面的立法工作。合法性审查不仅要廓清“谁审查?审查谁?”的问题,而且更要强调:如果没有经过合法性审查或者审查结果为不合法的,行政机关不得对此事项进行决策。落实决策责任需要明确责任主体、责任条件、责任种类,保障责任的实现。 The “rule of law by major administrative decision-making” has become an important issue in the process of accelerating the building of a government ruled by law. Its basic realization route is to activate democratic participation, improve legal procedures, strengthen the review of legitimacy, and implement the responsibility for decision-making. Democratic participation plays a fundamental role in following the concept of the rule of law in major administrative decisions. Establishing and improving a decision-making process should not only grasp the relevant links in decision-making, but also speed up the legislative work on major administrative decision-making procedures. The legitimacy review should not only clarify the issue of “who should examine and examine who?”, But more to emphasize that an administrative organ may not make a decision on this matter without review of its legitimacy or if the result of the examination is illegitimate. The implementation of decision-making responsibilities need to clarify the main responsibility, the conditions of responsibility, the type of responsibility, the guarantee responsibility.