Constitutional Analysis Of The System Of Power List

Our country’s executive power has not been properly exercised for a long time. The limits of administrative power are not clear, so that the government can interfere with the market easily, further, which leads to the power of rent-seeking and corruption. All these are not conducive to the construction of the government of the rule of law and the development of market economy. After Xi and Li became the heads of the government, they implemented the system of power list, putting powers into the cage of the system, regulating and controlling the administrative powers, which have made so many experts and scholars research on the system of power list. In the perspective of constitutional law, combining with the practice of the system of power list, summarizing and analyzing the implementation of the system of power list, presently, it is concluded that the system of power list is an effective measure to regulate administrative powers.It is necessary to definite the power list that in accordance with laws, government and its departments sort out the administrative powers with a list of power’s contents, operation processes, legal bases and responsibilities, and then, open up to the public and accept the supervision of relevant departments and society. The production of the system of power list is to control and regulate executive powers and promote the development of market economy and the construction of government of rule of law. Based on the empirical analysis of the practice of local governments of the system of power list, in the perspective of constitution law, with the limited government theory and the current constitution, it is helpful to clarify the authority of government departments, strengthen the legitimacy of administrative powers, protect citizens’right to know and build a service oriented government. However, the system of power list exist the contradictory of unity and particularity and the contradictory of administrative efficiency and legality, and is lack of provisions of responsibility and mechanisms of supervision. So, it should amend improper laws, formulate absent laws, develop uniform power list, establish the mechanisms of responsibility and set up pluralism mechanisms of supervision to improve power list consistently.In sum up, there are still some problems in the system of power list. However, through continuous researches and improvements on power list, it will be better to regulate, open up and transparent executive powers, and improve the developments of market economy and government of rule of law.