Authority Inventory System Under Administrative Law Framework

Though Shanghai Municipal Housing Security and Building Administration Bureau has completed organization of administrative power inventory in September 2015 and has completed confirmation with Shanghai Administrative Approval System Reform Office and achieved certain work achievements. However, administrative authority inventory is a continuously improved and perfected inventory to service objects according to actual demands of social management. It needs to be examined repeatedly in practice and securitized incessantly in operations. Therefore, it still remains an arduous task to further perfect and standardize the exercising standards of administrative authority so that authority inventory can provide standard task for administrative organs to administer by law.Firstly, inconsistency between authority inventory and legal principles of authorities.Administrative organs are quite random for adjustment of administrative power which should have been listed in authority inventory. The author holds that direct basis of authority inventory should be Government of the People’s Republic of China Information Disclosure Regulations, which is a way for the government to publicize information actively through the means of inventory. As to contents with specific legal provisions in authority inventory, they should be organized according to rules and regulations strictly. Even if there are differences with reality, they should be adjusted after laws and regulations are modified.Secondly, as to unclear organization subjects of authority matters of coordination and distribution of responsibilities among different departments, the author holds that the original intention for the establishment of authority inventory is to reduce fuzzy regions among different departments and prevent authority fight and authority conceding. Therefore, authority inventory among different departments should follow the principle of reporting as it should be; in later stages, planning and balance should be conducted well and authority inventory should be organized again.Thirdly, as to a series of problems of inconsistency between organization subjects and classification standards of authority inventory. The author holds that organization subjects of authority inventory should be governments at all levels and their composing departments. Governments at all levels should organize their administrative authorities actively and avoid omission.In the operation of a series of systems such as cleaning author, reducing authority, governing authority and displaying authority. Though different experts have different opinions on definition, classification, legal principles of reducing authority as well as following system operation of various administrative authorities, from analyses in Part One and Part Two, the author proposes suggestions at five aspects in completing path selection of authority inventory system. Major representations are juristic guarantee system of authority inventory needs to be constructed on existing basis and the role of NPC deliberation needs to be exerted actively so that this system can be carried out. Exploring standardization management of administrative authority gradually according to types of authorities, compilation business manuals and service guides and so on. Completing middle and post supervision system, establishing dynamic regulation mechanism of authority inventory. Through organization and conclusion of inner behaviors, improving administrative efficacy.Establishing responsibility inventory combined with posts.Through literature research of the above problems, the author finds that establishing and completing administrative authority inventory is one of the paths of promoting rule by law and standardizing administrative authority. The author hopes that through improvement of the above 5 aspects, the exploration of administrative authority inventory system under administrative law framework of practical significance can propel the progress of rule by law.