Research On Several System Problems On The Construction Of The Rule Of Law Organs In The System Of Development And Reform Commission

The Eighteenth National Congress of the Communist Party of China pointed out that it will complete basically the rule of law government by 2020."The implementation of the rule of law government implementation program(2015-2020)" also proposed to be completed the rule of law government by2020,with the general goal of “scientific functions,strict law enforcement of power and responsibility,open and fair,honest and efficient,honest and trustworthy”.Development and Reform Commission,as an important component of the government,is responsible for the comprehensive study of economic and social development policy,the total balance,guiding the reform of the macroeconomic regulation and control.And whether the Development and Reform system can be constructed into the rule of law institutions is the key to achieve the goal of the rule of law government.Constructing the Development and Reform system into the rule of law institutions is a complex systems engineering."National Development and Reform Commission of the rule of law construction plan(2013-2018)" proposed the construction goal,which is “strict law enforcement of power and responsibility,operational specification,open and transparent,integration of power and responsibility,honest and efficient”.The realization of the goal requires a series of regulations to support,such as the negative list of administrative approval system,major administrative decision system,regulatory document system,integrity system,legal adviser system,open government system,administrative legislation and promotion system,and rule of law training system.And the core content of the article is how to improve these systems.In view of the limited length of the article and research,the author will start from the three aspects of the current situation,the problem and the system perfection,to emphasizing on the negative list of administrative approval system,major administrative decision system,regulatory document system and integrity system.This article mainly includes five chapters.In the first chapter,it elaborates the relevant theories of the construction of the rule of law.On the basis of scientific grasp of the relationship between the rule of law government and the organs,it briefly introduces their basic connotation and construction goal,andclarifies its contents of the system.In the second chapter,it introduces the origin of the negative list of administrative approval system and clarifies its basic connotation,and then analyzing some problems of which its quality need to be improved and liability mechanism is unclear.To deal with these problems,I put forward specific provisions on improving the quality comprehensively and clearing the accountability.In the third Chapter,it first introduces the history of China's major administrative decision system and clarifies the system constitution of the rule of law in major administrative decision system;Then,there are some problems need to be solved,concluding that the scope of major administrative decision matters is not clear,it lacks unified major administrative decision procedures,and accountability mechanism is not perfect.On the basis of these problems,we should accurately define its connotation and extension,accelerate the introduction of "major administrative decision procedures",and establish a sound "double track system" decision-file system.In the fourth chapter,it summarizes the development of regulatory document management system,and further to clarify its main contents in this article.Then,it concludes three problems that its authority is easy to be broken,procedure is unregulated and the cleanup mechanism is not perfect.On the basis of these,some suggestions are as follows: strictly formulate regulatory documents in accordance with law,optimize the procedures,and strengthen the clean-up of normalization.In the final Chapter,it first defines the basic connotation of the integrity government in this article,and then clarifies its main contents of integrity system.Moreover,there some problems exposed that integrity concept has not yet established,honesty incentive and disciplinary punishment mechanism is imperfect.To solve these problems,measures must be taken.And we should firmly establish the concept of integrity and a sound “stick and carrot”mechanism.