Research On The List Of Local Government’s Power

The system of Power list is the product of implementing ‘rule the state by law’ and ‘carry out administrative duties according to the constitution’ policies in China. It is a new phenomenon with ten years life since its emergence in 2005. Power list is a kind of documents which published publicly by governments at different levels with detailed prescription about the administrative power, the rationale of their power, the procedure of using power etc. The system of power list is established to ensure the administrative power is used within certain boundaries and duties of different government departments are clearly stated and followed.Power list system is a novel system which developed along with the reform of administrative system in China. However, it is carried out on a nationwide scope within few years. On one hand, the state is acting as the driving force behind such growth, on the other hand, the role of Power list system cannot be replaced by any other system with its unique benefits on monitoring the use of power, promoting information disclosure, setting boundaries within various kind of power and most importantly, simplifying administrative power and delegating the power to lower level of government i.e. decentralization.By analyzing the status of this system, we could see that there are many problems from the perspective of the systematic operation, such as the lack of uniform standards in regards of the implementation of the system, operating procedures lack of logic, conflict with the law and the absence of supervision and monitoring power. Basically, two reason could account for these problems: First, as one of the reform measures, the power list system is heavily influenced by political factors; second, the legal nature of power list is unclear, which causes the problems in practice.In order to develop the system of power list, several things need to be done. First, basic principles of administrative law should be abide. Such as the power should be carried out according to the legal provisions, the public is encouraged to engage etc. Apart from this fundamental things, one should also formulate a unified standard way to guide the writing of the list. Besides, perfecting the monitoring system of the operation of the system, establishing an assessment mechanism and different standard for different level of the government, as well as the judicial review when the use of administrative power is illegal.