Research On Government Regulation Reform Under Negative List Management Mode

From the separation of the state and society,how to coordinate the interrelationship of government,society and market is the topic that the human society can not avoid.Over all,the relationship between the three,especially between the government and the market is an interactive and collaborative relationship.The status of the market determines the strength of government regulation.The different options of the government's regulatory model will also affect whether the role of the market can be fully realized.From the Perspective of China's existing government regulation,the government regulation has also been reformed from the absence to the consolidation of government regulation,with the changes of the market status from the elimination to the auxiliary role,and to the basic role.The Decision of the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China(CPC)pointed out that the market should play a decisive role in the allocation of resources.Obviously this re-positioning of the role of the market will inevitably lead to a series of chain reaction,Government regulation is the first to bear the brunt.China's existing government regulatory system has not completely stepped out of the thinking of power control which is fashioned in planned economy period,and it still lives in the impact of traditional Chinese centralized culture and is trapped in the reliance of traditional governance.Therefore,it is still a regulatory system.featured with "strict entry and casual regulation".The system can not be able to coordinate the relationships of increasingly complicated interests,nor the decisive role of the market in resource allocation and other requirements of the new era.The problems above can be reflected in the current regulatory failure with which the Chinese government regulation is confronted.At present,the existing reform strategy is to accelerate the reform of the administrative approval system,including the reform of the approval matters,the integration of the approval institution and the reconstruction of the approval process.Despite many rounds of reforms,these reforms are always following the principle that absence of legal authorization means prohibition,and do not lay a fingeron the core of Chinese government regulation,which is applied in positive list management mode.The scope of activities of the market body is firmly limited to the scope of the license,and all of activities beyond the list are prohibited.The appearance and introduction of the negative list management mode provide an opportunity for a new round of reform.Compared with the traditional government management mode and the reform pattern of the "administration-leading and policypushing",negative list management mode has following advantages:First,it follows the principle that "Absence of prohibition mean freedom";Second,it adhere to the social-based theory in the relationship between the state and society,and the rights-based theory in the category of the powers and rights;Third,the negative list management mode is promoting the reform in the philosophy of the rule of law.Taking negative list management model as an opportunity,China's existing government regulatory system will be completely changed.,no matter the regulatory subject,regulatory content,regulatory responsibility,etc.Specifically,the negative list management mode can effectively deepen the reform of existing administrative examination and approval system,in order to achieve the goal of substantial reduction of matters.It should also be noted that we should look at the relationship between government regulation and social regulation in a broader perspective,and strive to construct a structured,scientific and efficient cooperative regulation system,and also to fulfill the functional vacuum that the government regulatory reform may generate.