The Exploration On The Procedure Of Exercising Macro-control Power

Macro-control power and macro-control behavior is the core of macro-control laws, whose implementation depends on a sound and well-developed macro-control procedure. At the same time, different perceptions towards macro-control power and macro-control behavior will directly influence the macro-control procedure, which is a series of related steps and approaches of the subject’s control behavior and the controlled body’s corresponding act. Macro-control procedure includes main procedures such as macro-control decision-making, enforcement and changing procedure, and auxiliary procedures such as procedures of macro-control evaluation, supervision, publication, and democratic participation. We found the formal carrier of macro-control procedure in practice, including the general procedure as in National People’s Congress and its standing committee and the State Council and its functional departments, and the special procedure such as the typically planned regulatory procedure and monetary policy making procedure. However, some problems still prevail in these procedures, for instance:unreasonable macro-control power’s division, conflict between its illegal form and legitimate substance, absence and backwardness of norms in macro-control procedural law, incomplete and unreasonable macro-control procedures, and lack of coordination in macro-control procedures.Through the analysis of decision-making procedures in the field of Management, Politics, Administrative Law, Decision-making Law and Macro-control Law, we have learnt that the policy process theory in public administration and politics study should be the key to constructing macro-control legal procedure. Since the decision-making system in administrative law is relatively scientific and comprehensive, it is very enlightening in the construction of specific aspects of macro-control procedure. The decision-making process in decision-making law is also worth learning in making policies. The hybrid legislation, check and balance among the main macro-control bodies, coordination and cooperation of control policy and policy legislation in Germany and United States provide us with advanced experience. In order to improve macro-control legal procedure and achieve rational and scientific macro-control procedure ruled by law, we should, first of all, clarify the economic properties of macro-control and its internality, diversity, complexity and other characteristics as well as the democratic and socialized development trend of the rule of law. Moreover, the division of macro-control power should be rationally allocated; the National People’s Congress and its standing committee should play a bigger role in macro-control process; coordination and cooperation between macro-control bodies should be strengthened. Finally, the basic framework of macro-control legal procedure should be improved.The innovation in this paper lies in the following aspects. First, based on the inner logic correlation among macro-control power, macro-control behavior and exercising of macro-control procedure, this paper analyzes the basic connotation and extension programs of exercising macro-control power. Second, it sorts out in a systematic way the main macro-control procedure in practice in china, especially in the aspect of taking administrative normative documents as a form of macro-control policy carrier. Third, the procedural problems of exercising macro-control power are comprehensively and thoroughly summarized. Fourth, it advocates the ideas of separate legislation for general procedures of macro-control and combined legislation for special procedures of macro-control and substantive law in specific departments, and it also gives consideration for integrated legislative pattern combined with the traditional legal procedure. Fifth, as to the construction of the basic framework of macro-control legal procedure, this thesis proposes a construction of "framework+module" to determine the coordinated way of general and special macro-control procedures.