The Implementation Of The Local Government List Of Power System In China And Legal Regulation

Power listing is a recent hot topic in the field of the administrative. The essence of the implementation of power list is to restrict the administrative power and to protect the rights of citizens. The implementation of power list is advantageous to the maintenance of the people’s democratic rights, is beneficial to strengthen the supervision of the masses to administrative power and strengthen the supervision of the government’s internal operat ion.This article focuses on the necessity of power list---one is from the awakening of awareness of civil rights and of the constitution Including the inevitable request of citizens’ constitutional consciousness-awakening, the inevitable requirement of governing the country according to law, the construction of the country under the rule of law, a limited-government theory and the spirit of "everyone is equal before the law"; 2 it is essentially required by basic principle of the constitution, including the inevitable requirement of the constitution of the people’s sovereignty principle, the inevitable requirement of the rule of law in the constitution principle, the inevitable requirement of power restriction in the constitution principle; the third is the basic principle of legitimate administrative principles of administrative law, reasonable administrative principles, the principle of due process, the inevitable requirement of unified principle power and responsibility---analyzing the necessity of implementation of power list system and clarifying the theoretical basis of the necessity of the implementation of power list. with the support of the theory, the implementation of power list will be more reasonable; with clear goals, timely and accurate adjustment can be made; the theory make the implementation of power list the more reasonable and lawfulThis article makes a summary of the implementation of power list, establishment and announcement of power list and the supervising of the power list by analyzing the situation of the basic establishment of power list of some provinces and the effect and the problems of the implementation of power list. From the aspect of coverage of the power list, power list has a wide coverage; from the aspect of the content of power list, content is clear; from the aspect of the effectiveness of the power list, list is mandatory; from the function of the power list, listing itself also has dual nature, on the one hand, the listing power can expand the local autonomy and promote the reasonable distribution of the local administrative authority; on the other hand, it can help realize the effective coordination of power and solve the power cross and overlapping between government departments to improve the administrative efficiency and promote administrative system reform.The 31 provincial governments comb and clean up their own power list basically according to the spirit of "guidance" Seen from the situation of the establishment of the power list, it is clear to see that "any administrative performance is permitted without legal authorization" and some innovation.This paper summarizes the situation of the implementation of the provincial power list, referring to the number of powers of the provincial education department and the situation of the implementation of the establishment, announcement and later supervision to make a conclusion that there is no legal guarantee in establishing the power list. In establishment of power-deleting, power-minus,power-restriction in the power list, the legal status of the law on which the power list bases is not clear and policy maker is not fit. In the announcement of the power list, there is no legal guarantee in releasing the power list in the government paper. The situation of declaration in power list reflects the power basis is not unified.that source of power listed disunity and that standard in releasing power list is not unified. The criterion in the supervision on the power list in not unified.By analyzing the problems existing in implementation of power list and the theoretic basis in establishing the power list, the paper put forward suggestion on strengthening legal guarantee in establishing power list, establishing legal status of power list, perfecting the system of announcement, ensuring the establishment and implementation of the power list open and transparent and establishing systems on supervision on the power list with the hope to help establish and perfect the power list.