The Theory Of Our System Of Government Power List Legalized Way

In March 2015, general office of the CPC Central Committee and the general office of the State Council jointly issued the "guidance" on the implementation of the power list system of local departments at all levels of government, clearly pointed out that in the opinions, the implementation of government power list system is an important aspect of China's system of governance and governance capacity modernization, and put forward a clear before the end of 2015 the provincial government, announced to the completion of the work of the executive power. In the process of combing the power list, according to the legal issues of Chinese government power list system exposed in the implementation process and summarizes the proposed our country government power list system on the main problems faced in the way of legalization, and how to more effectively promote the legalization of power list system the corresponding countermeasures are put forward.This paper argues that the main reasons for restricting the legal system of government power list in China are as follows:First, the list of government power system itself is not clear, there is a great controversy in the academic community. Second, the lack of unity of the operation of the power list system, the various regions of the administrative authority for the classification of the power list, the list of matters contained in their respective power standards vary greatly. Third,since the implementation of the power list system,the legal authority of the phenomenon have occurred. Fourth, the power list system has become a safe haven for administrative organs to expand power. Fifth, supporting facilities of supervision power list system is not perfect, the concrete implementation of the power list from all aspects of the formation of the future are announced to the lack of effective monitoring mechanism, the lack of dynamic supervision procedure specification power list. Sixth, the overall quality of public servants of administrative organs is low and lack of sense of responsibility.In view of the above six aspects, the author puts forward the following measures:First, clear the position of government power list, the list of government power should be biased in favor of administrative regulations. Second, the classification of the contents of the uniform list of powers,to adhere to the laws and regulations as the only criteria for the classification of government power list. Third, improve the relevant laws and regulations of the power list system, in accordance with the provisions of the legal provisions of the development process of power list system and methods. Fourth, administrative authority to establish a standard system of the system,to prevent abuse of power, ultra vires administrative organs phenomenon. Fifth,improve the supervision mechanism of the list of powers, including the supervision of the administrative organs from top to bottom, the supervision of the state power organs, the supervision of the public and the supervision of the law. Finally, to vigorously improve the personnel comprehensive quality and sense of responsibility,make public officials become servants of the people, to serve the people wholeheartedly as the essence of misconception out before power, light right and heavy entity, light procedure, set up the procedural norms, truly power for the people,love the people the Department and for the benefit of the people.Hope that through the study of the list of powers, to promote the relevant departments of the power list system. The list of power system as a way to deepen decentralization work, to speed up the formation of a clear boundary and responsibilities consistent and efficient operation of the function system of the government and the scientific and effective supervision and restriction of power to provide positive efforts to comprehensively promote administration according to law.