On The System Of The Local Administrative Power List And Its Improvement

Establishing and improving the system of government’s power list is an important step of the government function’s transformation as well as administrative system’s reformation. It is also a useful exploration of comprehensively deep reformation and the rule-by-law. In the Third Plenary Session of the 18th CPC Central Committee the requirement that the local governments at various levels and their departments establish the power list is formally put forward. After that the governments at all levels Combed and aired the power list with great enthusiasm, besides the power list, there are also the responsibility list, negative list etc. since the system of the power list is a new thing, people have different attitudes towards its establishing background, the legal theory, the basic connotation and its orientation, the significance and the actual effect of its implementation, the path selection of the legalization etc. as is known to all, the establishment of a new system must accord to practice, constantly explore, improve. Through combining with practical experience in every province of our country, this paper analyzes the existing problems and the relative questions on the power list system and put forward the idea of how to improve it.The Local government power list system is carried out under the background of comprehensively governing the country by law and deepening the reform, which implies the theory of controlled right and the limited government. The system bears responsibility for handling the relationship between the government and society as well as the government and the market properly. The connotation of the power list system is a process of being continuously enriched. At first the government departments combed the power in their hand and excluded the ones having no legal basis. They clarified the conflict of law and the boundaries of administrative power in order to find out the power base. The process is a regulation of the administrative power; Later in the process of sorting executive power, the ones which don’t meet the needs of the reform were canceled, decentralized and integrated, and then optimized and reengineered. It is an optimization process of the executive power; Sorting out the administrative power and airing it in the form of power list under the people’s supervision is a process of power controlling. The system of the power list has three functions:the administrative power’s regulation, optimization and controlling. It can not only make the administrative apartments rule by law but also promote the government decentralize and transform of the functions in order to deepen the reform of the administrative system, strengthen the restriction and supervision of power operation.With the local administrative power list system’s implementation being continuously deepened, the connotation being enriched, the value being constantly highlighted, the problems faced are also increasing. There are theoretical debates and the plight of practice. As a creative and innovative new system, people don’t know it very well and its location is still very vague. Due to the lack of legislation in national level, the system’s standard is uncertain and the production process, the sorting standard, the content, the open mode.vary a lot. Since the power list system is developed rapidly from the upper to the lower, the relevant supporting mechanisms have not kept in time, which goes the result of the lack of protection of the system. Therefore the paper put forward ideas to improve the system of local administrative power list. The local legislation can give legal status of the power list, improve its legal order, it is a measure to make clear the system’s nature and give answer to the theoretical debate. Through the legislation, the standards and procedures of making and operating the power list can be unified formulated and the implement difference of various government can be eliminated. This can reduce the arbitrary in the implement to ensure that local administrative power list system be under the unified and standardized operation; establishing and improving the mechanism of the dynamic adjustment, the supervision and evaluation and the supporting responsibility list can guarantee the local administrative power list system’s implementation being effectively and long-term operated.