The Problems And Legal Regulation Of The Power List System

With the practice of the power list system continuing to unfold,many problems exposed,hindering the function of the power list.The reason why these problems exposed is that the power list system was formally put forward by the policy document and there is no legal document to regulate it.Therefore,there is no uniform standard to standardize the preparation process and the definition of the role of the power list.In order to make the power list system to play the original role when it was designed,we should position it rationally and regulate it according the positioning.The first part introduces the problems in the practice of the power list system.Firstly,through administrative litigation cases,the first question of the power list system is shown,that is,the list of powers has been neglected in many judicial decisions.Secondly,through the specific cases,we can find that the content of the power list is inconsistent with the existing administrative legal norms,and the list of powers does not show some specific administrative authority.And then,the second question is put forward that whether the list of powers limits the administrative power provided in the existing administrative legal norms.Finally,the third question is put forward according to the changes the list of powers has made on the basis of the preparation that whether the changes the list of powers has made on the basis of the preparation effect.The second part focuses on the root cause of the problems.The fundamental reason why the power list system exposed these problems in judicial practice is that there is no clear position of it.The formal launch of the power list system is carried out under the impetus of policy documents without any legal document to clearly define and recognize it.At the same time,some of the policy documents that initiate and direct the power list system are inherently deficient in the thinking of the rule of law which can not withstand scrutiny and these policy documents have serious problems that deny the effectiveness of existing administrative legal norms without legal procedures.The third part introduces the nature of the power list system.Since the important reason of the problems of the power list system is lack of the legal position,it is particularly important to judge the legal nature of the power list.The third part introduces the three views on the nature of the power list.They are administrative normative documents,administrative autonomy norms and information disclosure.Then the third part analyses the three views and finally positions the power list as an administrative normative document and gives reasons from three aspect.Firstly,the contents of the power list has a strong influence on the rights of the citizens.Secondly,the operation of the power list system is easy to be regulated.Thirdly,the role of the power list system can be expanded.The fourth part focuses on the perfect recommendations of the power list.The essay lists ten ways.First,identify the power list as administrative normative documents.Second,prepare the power list in accordance with the provisions of the upper administrative legal norms strictly.Third,the power list can clean up administrative authority appropriately.Forth,a clear statement of the power list flow chart.Fifth,speed up the revise process of laws and regulations.Sixth,coordinate the power list between the upper and lower administrative organs.Seventh,keep the dynamic management of the power list.Eighth,the supervision of the social forces.Ninth,the supervision of the judicial forces.Tenth,train the personnel who prepare the power list.It is the basis and premise to define the list of powers as administrative normative documents,many problems in the process of the operation of the power list system will be answered and solved.And the fundamental purpose and direct effect of other perfect ways are to make the list of powers to follow the position in the administrative legal system,run on the track of the rule of law and play a better role.In summary,it is necessary to position the power list rationally and regulate it legally to make the full use of the power list system.