On The Administrative Power And Responsibility List

Socialism with Chinese characteristics has entered a new era.The administrative power and responsibility list(APRL)is just a product under the new era.This paper takes APRL as narration core and tries to construct a unique concept and approach system about the phenomenon of government governance.The paper is divided into five parts except introduction and conclusion.How to define the APRL?So far,the official is inclined to use ’power list’ to refer to the list system in the administrative power branch.However,it is better to use APRL,the expression,for differentiating other power lists out of the administrative power system,highlighting the responsibility element in the power list system,eliminating the item’s overlapping under the expression ’power list’,and settling the tension between institution context and everyday context about the word ’power’.As the name determined,connotation comes.The administrative power and responsibility power list(APRL)goes to a list system in which the government&its departments and other subjects clear and adjust first and then they put their power’s name,legal origin,implement subject,operational process,monitor mode,and power’s corresponding duty&blaming items on their official websites.This definition is so far the most accommodated as it not only tells APRL’s weaving subject,fundamental elements and necessary procedure,but also communicate the present and the future.Under the definition,it is easy to find APRL’ four features,including the administrative,the normative,the universe,and the subordinated.Analyzing APRL’s position in the list system of the national governance and government governance can help us deeply comprehend APRL under different governance field,inspect APRL’s spread and change in other governance field,and extend items for future unified list research.Different standards such as power and responsibility,general and narrow sense,power’s types,subject’s types can put APRL into different classifications.It is a due task of figuring out APRL’s relation with other list including positive list,negative list,rights list,power list,and responsibility.There is distinction and connection between APRL and law’s clearing up.The two are different in clearing objects,congress’s participation,clearing’s effect and normalization and are connected in the principle of establishing subject,informality and scale.On a general administrative acts position,APRL shares many features such as abstract administrative acts,administrative legal acts,external administrative acts,administrative acts in accordance with the authority,administrative acts and unilateral administrative acts.APRL,s venation,i.e.’rise’ ’structure;’significance’ deals with its past,present and future.APRL’s development goes through the preparation period,incubation period,promotion period,and is currently in the stage of elaboration.The list’s logic,ideal of power control(heteronomy),consciousness of self-control(self-discipline)constitutes a three-dimensional narration,which locks theoretical basis of APRL’s rise in a relatively self-consistent interpretation field.According to the material,this paper makes a static causing analysis and a dynamic analysis of institutional changes for the APRL.According to a general institutional change theory the author fully explained why the APRL is unique with Chinese characteristics.It is necessary for APRL’s development to adopt a standardized document name.This paper proposes ’power list’,’responsibility list’ and’power and responsibility list’ as three forms of formal written name.More importantly,the three types reflect different forms of APRL’s weaving.Separate weaving and united weaving is two basic mode,while in concrete form,the accountability and responsibility elements are presented in a more complicated form,and each has its own advantages and disadvantages.APRL’s dissection in institution dimension is the proper meaning of structural analysis.The formation of APRL starts with realistic APRL,through idealistic APRL’s effect forming a certain request to effect the integration and normalization of written APRL,again through idealistic APRL’s assessment and identification to effect realistic APRL.In this coupling process,management relations,supervision relations and relief relations surrounding APRL come on the stage.APRL’s significance for the rule of law government lies in its ability to help officials find laws,limited government delimit boundaries and responsible government make accurate service;for the rule of law society,to cultivate citizens’ consciousness of the rule of law,to reduce citizens’ cognitive burden about laws,and to make them arrange life under the ideal of the rule of law.People care about APRL’s legal nature.There are four theories about APRL’s nature so far,including government’s disclosed information,self-restraint rules in administration,administrative normative documents and normative document of law.On the surface,they are different nature orientation of APRL,not about the law,but it has been influenced deeply by different law concepts.Therefore,different theories about APRL’s nature in fact belong to the field of the nature of law.Every theory can explain APRL’s legal nature,but according to Occam’s Razor,we should choose the one which has the least bugs.Law is a essentially contested concept so APRL is law but is not law.APRL is Schrodinger’s cat,which means only when people tries to discuss APRL’s legal nature can it be confirmed.Following the thought,it becomes due for taking different jurisprudence’s ideal to probe APRL’s legal nature.Positivism and non-positivism is the tradition in the philosophy of law.The APRL under the view of law positivism is different because of two kinds of orientation,namely the pragmatic orientation and the orientation.Behring,Luhmann,Weber,legal realism these pragmatic concept of orientation method of APRL are obtained,and the authority to make sex as the main to Austin and Hart,APRL of sex is not a problem,even though it’s hart must agree with you.But if efficiency is linked to justice,its content can be declared.Soft law,planning law and institutional facts are the current law theories in the field.The APRL itself not only has the soft nature,but also the soft law in its past system advancement and the future goal realization also has the help.The theory of planning law emphasizes that the law is a kind of social planning,and the institutional fact considers normative phenomena as facts and the two pairs of APRL.Weaving a high quality APRL is one of the main themes of this paper.First,in the absence of the principle of weaving APRL according to the law,the principle of joint efforts and the principle of the e-government,weaving field gets chaos.Weaving APRL according to the law is embodiment of the principle of administration according to law,which contains the principle of law’s superiority and the principle of law’s reservation.Weaving with joint efforts is not only the need of objective situation but also the requirement of rules and governance democracy.Under the assistance of e-government APRL will solve kinds of technical problems and APRL can provide huge amount of data for e-government,which means they are mutually beneficial.Second,what APRL should weave refers to several elements in the concept of APRL.But one thing deserving to note is that ’power’ has no secret in front of law so APRL do not need confidentiality setting.’Other subjects’ in the APRL concept can absorb weaving APRL of heads of governmental office.The ideal of the administrative acts mode can help the classification of power in the APRL get more elaborate.Administrative normative documents can be put in the APRL but they must be differentiated according to intervention administration and benefit-giving administration and according to different legal effective grade.The administrative normative documents of the intervention administration must be stated in the law source,and the payment administration can be relaxed,but the legal basis also needs to be clarified.It is only for the gradual,provincial first entry,and then the administrative normative document of the county level and the horizontal dimension.The power of weaving APRL is a innovative concept from this paper,which from the system theory viewpoint locks the power source element,body element,object element,element,guarantee element combination operation of cognition and analysis framework.The operation is the proper meaning in the system research and it endows the system with vitality.As the last part,APRL’s running is to explore the implementation of the list in government governance field after publication.The idea is the soul of the system and the essence of the system lies in the concept of regularization.After making certain of the power of ideas,this paper calls for the transformation of the concepts of academia,state organs and civil society.Only they changes their thoughts can APRL gain good operation.Dynamic adjustment is an important part of APRL’s operation.After the APRL is published,if it can’t keep up with the times,it will not be able to do the same with its previous efforts.The dynamic adjustment refers to the change of power basis,the new establishment of power,the adjustment of power,the change of flow chart,etc.At present,the process of dynamic adjustment can be divided into application,acceptance,approval and publication.There must be a definite time limit between programs.Administration according to APRL is not a flood and a beast,but also a powerful tool for administrative functions.However,if the disagreement between administration according to law and administration according to APRL is not theoretically resolved,the ideal of administration according to APRL will get very difficult to practice.Of course,the implementation of administration according to APRL requires certain technical conditions,which include social science skills,which are mainly based on normative review,and cloud computing,backed by big data and artificial intelligence.Any public power ac should be supervised,which is the embodiment and requirement of the spirit of the rule of law.The power organs and supervisory organs,administrative organs,judicial organs and civil society together weave a supervision network for the APRL’s operation.Every right has a remedy,every right’s damage deserves a remedy.Only analyzing administration through legal case can it be convinced that administration according to law and administration according to APRL has mutual effect.