The Research Of Government Administrative Power List In Current China

The improvement work of the government administrative power list system in China is now continuously promoting.The government hopes that through the implementation of the positive list system and the negative list system,which can effectively norms,constraints on the administrative power of the government.It helps to sleeve the government's administrative power,and it will be put into the system cage.Administrative power will be listed and institutionalized,and will help the government agencies to be built as a transparent"goldfish",in the sunshine,accepting the supervision and restriction of various social subjects.In 2005,Handan,in Hebei Province announced the first mayor power list,prelude the life of the development of government administrative power list system.In 2013 August,the State Council approved the establishment of Shanghai free trade zone.Shanghai free trade zone use the negative list,namely reverse the thinking of positive power list,and put the Chinese government administrative power list system into a new climax.This article is based on this background,the paper starts from the two aspects of the positive power list and the negative list management mode in China,according to the experience of the pilot area to sort out,analyze,we hope it can deepen and improve the Chinese government administrative power system and provide reference selection list.The value and meaning of this paper lies in:(1)to combe the content,framework of the government administrative power list system,and to enrich the theory basis of it.Through the analysis on the concept of the positive list,the negative list,the analysis of the subject,object,purpose;the mechanism of the positive list system and the negative list,tring hard from the experimental work,to sum up the system frame of reference,and provide a reference for future related work.(2)To help to promote the government administrative power reform develop to depth.The work of the government administrative power reform has entered the "deep water area".Every attempt and effort of the government's effort will involve the power of government interests,social resources reorganization,and relate to the power game between government,market and society.The transformation of administrative power reform and government function means the government decentralization,and give the real right to the market,the society,the government is tantamount to "self revolution".Research on administrative power list system helps to clarify the government,market and society's power boundary,ensure that all power will be normed,and orderly operation.(3)It is useful to promote our government executive power reform from the positive list to the negative list.The responsibility and mission of the government is to provide public goods and services to the market and society.The government should mobilize the market and social's vitality to the maximum extent,as far as possible,using the regulation mechanism and social autonomous to force to achieve "good governance by market".The negative list upholds the principle of "value idea of law can be no prohibition",it is conducive to inspire the enthusiasm of all kinds of market main body,but it is also helpful to reduce the burden of the government administrative power.Through the systematic study,we found that:(1)the government's administrative power list system is the game results of the government,the market,the society.From the government's own point of view,the administrative power's boundary is not clear,the offside,dislocation,vacancy of power can easily lead to rent-seeking,corruption of power;from the market point of view,excessive,wrong or improper government administrative intervention will seriously disrupt the market economic order,intensified market investment,transaction cost;analysis from the angle of society,the intervention of the administrative power will not only distort the public will,and even seriously damage the public interests.Therefore,putting the administrative power of government into the system of the cage will be imperative.(2)The negative list is the inevitable choice of government administrative power reform which will be developed to the depth.Positive list management mode can not guarantee to complete all the list of the government administrative power,and can not effectively constrain the improper behavior of the government.The negative list management mode constrain the behavior of the market access,investment,cooperation,transaction,using a more flexible way of management to cause all sorts of social subject'sparticipation enthusiasm.It can lighten the burden of the government,strengthen the supervision function of it.(3)The orderly operation of positive list and the negative list system requires a combination of responsibility list system,it can help to achieve effective supervision and restriction on the administrative power of government,it is conducive to promote the construction of limited government.The government needs the positive list to clarify the boundary of the administrative power,also needs a negative list to make clear the management philosophy that "law is prohibited without the free",to give the market more flexible,self-involved space,and also needs the responsibility list to give the administrative"tickets" of offside,dislocation,vacancy behavior of the government administrative power,to better regulate,restrict the operation of the administrative power,make the government really become the agent of the public interest,the performer.The research methods of this paper mainly use the literature analysis,historical analysis,empirical analysis and comparative analysis.Literature analysis method is mainly using the academic databases and search engines to find relevant documents at home and abroad,to lay the foundation for the theoretical research.The historical analysis method veins from the history and social dimensions of power supervision and restriction to review the power system of the pre-industrial society,industrial society,post-industrial society.The empirical analysis is through the pilot work on the positive power list system in East,Middle,West and the pilot work of Shanghai Free Trade Zone,to explore suitable development path of the China.The method of comparative analysis is from horizontal and vertical dimensionsy,to review the differences of the system of the administrative power list system between different nations.It is conducive to a more comprehensive understanding of government power list system.The main innovations of this paper are as follows:(1)To clarify the connotation of government power list.By combing the existing domestic and foreign research data,we can find that there are no clear references of "power list" in foreign countries,the domestic research is at the initial stage,the basic connotation of power list is vague.Therefore,this study tries to make clear the connotation,the extension of the power list,to make theoretical preparation for future study.(2)To put forward the three-dimensional analysis framework of the government,the market and the society,to analysis the operation of power relations between three bodies from the above three aspects.The current research data is seldom having the comprehensive analysis framework to research the power relationship and the power game.Therefore,this study through 3-dimension analysis model system to research the essence and content of the power list,thoroughly clarify the problem of the government administrative power boundary.(3)To conduct double Empirical Studies of the positive and negative list system.Based on the existing domestic and foreign research data,the current domestic scholars have not carried out at the double study of positive and negative list system.This paper hopes to start from the work of the pilot areas,to accumulate the materials of the empirical study.Also there are defects of this paper:(1)due to the limitation of my limited academic ability.There are many shortcomings in depth and breadth level in this study;(2)the research is also lack of materials.The current study has less information of the positive list system,the negative list part is based on the study of foreign countries,the local is not strong.Therefore,further deepen research needs to overcome the shortage of information bottleneck.(3)The administrative power list system is more engineering and complex,this research is only in its infancy.The more deeper research needs further expanding in the future.