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The Study On The Legal Validity Of The Power List Of The Local Government

Posted on:2017-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q PengFull Text:PDF
GTID:2296330503459034Subject:Constitutional Law and Administrative Law
Abstract/Summary:PDF Full Text Request
The list of local governm ent power is a kind of beneficial attempt which is produced in the practice of government func tion transformation. At present,some of the first regional power list has been launched for some time, and for the power of the local government list of the legal ef fect, the practice of fee dback is not as good as people would like to. If governments spend a lot of time and energy for the power list but it is lack of legal ef fect.As for the l ong-term development of this system is not good. This article is to list the legal ef fect of the power of local governm ent as the object of study. This paper is compos ed of three parts: introduction, body and conclusion. The main body is divided into four chapters. The structure is as follow s: In the first chapter, the paper puts fo rward the problems, taking the Zhejiang provincial power list and the Anhui provincial power list as the sample, analyzes the deficiency of the legal ef fect of t he local government power list. T aking three administrative cases as an exam ple, it is proved that th e legal ef fect of loca l government power list is m issing in the implementation process. The second chapter elaborates the legal po sition of th e local government power list an d its prac tical significance. At first, this paper introduces the two main points of view of the power list of local governm ents at present. Then put forward the viewpoi nt of this article, namely the power list of the local govern ment should be positioned as the other normative legal docum ents. And then expounds the practical significance of theimplementation of the power list of local governments. The third chapter based on the previous two chapters put forward the problem of the lack of ef fective measures for local government power list law. In the fi rst two chapters, the author has expounded the problem of the lack of legal ef fect of the power list of the local government in practice. Because of the posi tioning of the power list of the local government is the normative documents, it must be lower than the law, regulations, rules and regulations in the legal ef fect. In view of the curr ent local government power list has been compiled from the s tage, to im prove the preparation of the m ain level to cons ider raising the level of it has no m eaning. Since the local governm ent authority list has been published and in practice because of the legal ef fect of absence m akes the enforcement and im plementation of the dif ficulties encountered, then make up the problems caused by the lack of legal validity for the implementation of a list of local government power is particularly im portant. The author thinks th at it should be considered from two aspects: On the one hand, to im prove the power of the local government list itself, the power of superv ision and accountability system, The first complete list of local governm ent responsibility of supporti ng the prom otion of administrative organs in accordance with the list of the effective performance of their duties. Secondly, ensure th e dynamic of the power list of local governm ents, to explore new m easures for perform ance management. Finally, promote the construction of network platform to enha nce the supervision of local governm ent power list. Through these initiativ es to form an internal an d external oversight of the joint force, urging the executive authorities to exercise power in accordance with the contents of the list; On the other hand, from the perspective of adm inistrative law, perfecting the "local organization law" and relevant laws and regulations, formulate a unified administrative organization law when conditions are ripe. Which can not only from the aspect of law to solve the current list of pow ers of the local governm ent, some of the contents of the la ck of legal support, is also able to consolidate gains in local government combing power list and us e it as an opportunity to perfect our country’s administrative law system, and fundamentally solve the local governm ents at all levels and their functional departments of the limits of authority is not clear andso on. The last part of the article m akes a brief summ ary of the article. Local government power list itself has a lot of problems can be anal yzed and studied. I believe that with the continuous explor ation of practice a nd theory, the local government power list will eventually play an im portant role in th e process of administrative system reform.
Keywords/Search Tags:Local government, Power list, Legal validity, Normative documents
PDF Full Text Request
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