The Function Research Of 'San-ding' Provision Under The Perspective Of The Rule Of Law

Over the past 30 years practice of administrative organization, ?san-ding? provision has not been included in the category of legislation in our country. But, in the long-term practice of institutional reform, it has been widely used, and has become the important basis of the organization reconstruction and the allocation of resources. Because it has not got the legal status clearly, the unified understanding has not been formed between academic field and practice field. Especially, there are some differences about its problems of function and nature. To some extent, the above factor has caused the confusion of the concept and the practice of rule of law of the department organization.Based on the currently collecting materials, at the beginning of the system generated, ?san-ding? provision replaced the department organic law under the framework of the authorization model. It can control the behavior of the department organization after the institutional reform, and establish the administrative order. However, with the deepening of the state transition and cyclical institutional reform, due to the lack of authorization, its function presents a certain degree of alienation. As the result, the organizational behavior lacked the legitimacy. At present, the research of ?san ding? provision is very rare. Although we can find the ?shadow? in some discussion of the administrative organic law and the institutional change, it only tends to point this state with some limited words. And, the ?thoughtful? research from theory to practice is still lacking.Every thing is real, reasonable all reality is reasonable. ?san-ding? provision was formed in the practice of the institutional reform, and was widely used in the administrative system(and other). It inevitably has the rational foundation. Based on this, the paper will try to rethink the items of department organization in the constitution and law. Based on reviewing the formation and development of ?san-ding? provision, the paper will clarify its nature, refine the function and combine the function alienation in the process of development. Under the current framework of the rule of law, the paper will explore the periodic perfect solution with the relatively low costs, and promote the implementation of rule of law of the department organization.