The Regulation And Restriction Of The Administrative Law In Making The Power List Of The Government

With the development of economy,law-based governments have come into being,and to promote the government system reform and transform government functions becomes the main objectives of contemporary government.In order to standardize the operation of administrative power and reduce the corruption and abuse of power,the Third Plenary Session of the 18 th CPC Central Committee adopted the Decision of the Central Committee of CPC on Several Major Issues concerning the Deepening of the Reform,which explicitly put forward the administrative power list system and required to public the power run process according to law.As a result,the“administrative power list system” has become a hot word among the academic circles and the government practice.The Administrative Power List is a list to clarify administrative power range and make them access to the public,and its main purpose is to clarify the boundaries of administrative power,to make the public understand the contents of the list by regulating the operation of it,to know the process of government administrative organs,and to supervise the public power of government.Since the first implementation of Handan City,Hebei Province,local governments have followed to make their own administrative power lists.What's more,the scope of power lists gradually expands,and the list content is also increasingly perfect.Although the implementation of the government power list system has achieved good results,but there are still many problems to be solved in the actual preparation and implementation process.The drafting of administrative power list needs to sort according to law.As we all know,the combination of laws is a highly professional work,and the preparation of administrative power list is arduous and complex due to the numerous government organs.On the view of the power lists currently publishedby local governments,many lists are just something in the paper without standards.The main setting body is not clear,the development of standards is not uniform,the development process lack norms,and supervision are not in place and so on,all of which affect the quality of the preparation of administrative power list.In order to implement the administrative power list system,the content legalization is the primary goal.Therefore,using laws and regulations to norm administrative power list is very necessary.Based on the analysis of the problems in the formulation of local administrative power lists,this paper has drawn lessons from foreign legislation and practical experience on regulating the operation and content of administrative power lists,and put forward the regulating system of administrative power list from the angle of administrative law.This paper has four parts,each part of which is as follows:The first part is the theoretical basis of the administrative power list.First of all,briefly introduce the source of administrative power list and development,to clarify the concept of administrative power list.Secondly,on the basis of combing the legal nature of administrative power list,the administrative power list is defined as a special government information disclosure,and then this part conducts a detail analysis by combining the essence and manifestation of the content of the list and the practice of legislation and implementation at home and abroad.Thirdly,the legal basis of administrative power list is expounded in detail.Finally realize the significance of standardizing administrative power list.The second part the principles of administrative power list.The implementation of any system should have its principles to be followed,and the development of administrative power list is no exception.Based on the essence and function of administrative power list,the author sums up four principles which should be followed in the formulation of administrative power list: the principle of balance of interests,the principle of convenience,the principle of public participation and the principle of real-time updating.The third part is is administrative power list to develop the need foradministrative law.This part includes the status of administrative power list and the problems during the formulation.Through analyzing the existing problems,understand the reasons why there will be many problems during the developing process of administrative power list?According to the legal basis of administrative power list,this part sorts out the inherent requirements of administrative power list.The fourth part is the administrative law regulatory path of formulating the administrative power list.This part is the core of this article,and explore administrative system of administrative power list through the previous thinking.This part mainly includes the following contents: regulate the scope of application and compiling body of administrative power list strictly according to the system requirements;draw lessons from foreign public power allocation practice to standardize the power listed in China;analyze restrictions on administrative power list by comparing extraterritorial administrative power negative public content;improve process on drafting,auditing,public participation and other specific processes during formulating administrative power list;improve the dynamic regulation and supervision mechanisms of administrative power list,and improve the accountability mechanisms of administrative power list.