Establishing and improving the system of power list is a useful exploration of comprehensively deep reformation and the rule-by-law.And it is also an important step of the government function’s transformation as well as administrative system’s reformation.The local governments at various levels and their departments have been establishing the power lists with great enthusiasm since the embryonic stage.In theory,many scholars have also contributed to the construction of the power list system from their respective professional fields and research angles.Construction of the current government power list system has achieved good results.However,at the same time we must admit that as a start-up system,there are still some problems in the theory and practice.By reviewing the related references and academic literatures,we can find that scholars have different attitudes towards the qualitative of power list.And there are also some difficulties and deficiencies in the process of pursuing.These problems hinder the play of the power list’s functions.If problems persist,the implementation of power list cannot realize.Consequently,this paper characterizes the power list as administrative rule based on the practice of the power list and absorbing and drawing upon informed research fruits of theory.Than puts forward idea of the construction of a complete system of the power list from administrative rule’s perspective drawing on research results related to discretion benchmarks.The system of administrative discretion standard consists of two parts:the establishment of administrative discretion standard must strictly in accordance with the law and the internal regulations should introduce external regulations.Although the power list emphasizes the self-discipline,it can’t out of supervision.In the construction of the power list,it is not only regulates self-construction but also Introduces exterior supervision system.The power list’s self-construction should abide by the authority is ruled by the law.We should work on sorting out the related power and dynamic management to guarantee that all power in the list with lawfully recognized evidence.In order to overcome self-restraint administrative rule’s inherent limitation,we should improve supervision.The supervising mechanism is divided into two sections.The internal supervision mechanism consists mainly of the relevant responsibility list,performance evaluation mechanism,administrative reconsideration.The outside supervision mechanism to the power list is mainly by judicial review of its legitimacy.Through a series of system design and arrangement,we ensure the legalization of operation of the administrative power list and make it play its due role. |