Research On The Implementation Of The Power List System

Released on the Third Plenary Session of the 18 th Central Committee of the CPC, Power list system is a power operation control system with Chinese characteristics which aims at disclosing power-related matters and standardizing power operation process.After investigating among provinces, municipalities and departments which have released power lists and have issued implementation schedules but have not released the list, the author found that the power list system is still at the preliminary implementation stage. There are many immature and uncertain points speaking of no matter the basic theory, the implementation procedure or the physical structure. They did hinder sustainability of effective implementation of the system. So, it is necessary to make further study on existing problems in the implementation process and potential problems with prejudgment and put forward countermeasures. This thesis systematically analyzed representative problems relevant to operation of the power list system at current stage from the perspectives of institutionalization, legalization and effectiveness of the list.The thesis is composed of four parts, with 36,000 characters in total.Part 1 is basic theoretical problems of power list. The author reviewed the historical development and explicated connotation of the system; the author analyzed and commented on the theory of internal behaviors, the theory of external standards and the theory of information disclosure, and then discussed on current disputes on the legal nature of power list; moreover, the author defined “administrative power” and dialectically criticized on “no power beyond the list”. This part laid a theoretical foundation for discussion on concrete implementation in the following parts.Part 2 is about objectives and meanings of the power list system. The author explained the objectives and meanings that the power list system should have under the political background of deepening reform and promoting construction of a law-based government in order to analyze orientation of the power list dialectically on a deeper theoretical level and not to neglect its system value or exaggerate its role. To be specific, it has the following objectives and meanings. First, streamline administration and institute decentralization. Optimize power structure; second, determine the limit. Promote legitimation of administrative power; third, be open and transparent. Protect citizens' right to know and participation right.Part 3 is about implementation situation of the power list system and existing problems. By checking the power list documents and the implementation schedules issued by provinces, municipalities and relevant departments, the author analyzed the general implementation situations and summarized existing problems and their causes. Moreover, from big differences on materials between different regions and departments, the author tried to abstract the differences in method and mode as well as the deep-seated conceptual differences, and tried to make an in-depth discussion from multiple perspectives. Typical problems include gap in power demonstration mode, lack of specific supervision mechanism, lack of specific follow-up dynamic regulation mechanism and unclear relationship with the responsibility list.Part 4 is some thinking on implementation of the power list system. According to the current situation of implementation and existing problems illustrated in preceding parts, the author firstly clarified the legal nature of power list deliberately from the source and then proposed countermeasures from the perspectives of power demonstration mode improvement, supervision mechanism improvement, dynamic regulation mechanism improvement and link with the responsibility list. The author tried to explicit all representative problems exposed in the power list implementation process and to propose well-targeted countermeasures. As for problems without concrete mechanism, the author tried to build operational implementation mechanism for them.