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On Power List System Under The Legalization Of Government Governance In China

Posted on:2018-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:S LeiFull Text:PDF
GTID:2346330566466470Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
The restriction of government power is the important premise to ensure the rule of law in the government.The system of power list which is to restrain the executive power of the government is the realistic way to realize the rule of law.Therefore,the rule of law requires the government to promote the power list system,and the content structure of the power list system should be based on the rule of law of government.The first part is the introduction,which focuses on the background of the topic,research significance,research status at home and abroad.The government of rule of law that modern government must realize the transition from management oriented government to service-oriented government by full function government into the limited government in performing its functions,and the system power list in China came into being in the game process between government administrative power expansion and restriction of public power in the two camps.Therefore,in the background of government under the rule of law,from the government's point of view to analyze and improve the power list system,not only can achieve the restriction of government administrative power,but also can protect the private rights of citizens of the rule of law.The second part discusses the legal aspects of power list system.Power list system is a legal system based on the theory of competence and limited government theory,and it is the main supporting system for the realization of the rule of law.The construction of the power list system should be carried out from the perspective of government governance,in order to achieve the rule of law as the fundamental starting point and end point.At the same time,the power list is legally binding and enforceable,and the administrative law,the administrative procedure law and the information publicity law are embodied in the administrative law.The third part analyzes the construction of the power list system and its main problems.Power list system has not been standardized,the top-level design of system operation mechanism is not perfect,the relevant mechanism is not in place in the process of development and implementation of the power list system operation is lack of corresponding legal regulation,making it difficult in the implementation,not really play a role in restricting the behavior of government itself for the relative person,can according to the local list of government power to protect their own interests.The fourth part puts forward some suggestions to improve the power list system and its operating mechanism in the context of the rule of law.In order to better limit the government's public power and protect the private rights of citizens,the construction of power list system must be based on the rule of law.Improve the focus of the power list system lies in: first,in legislation,to speed up the power list system of legislation,in order to power list system department taking the lead,the contents of the list format,system implementation process and other specific provisions.Second,in the aspect of supporting mechanism of power list system,should improve the government responsibility system,the list of enterprises negative list system and civil rights list system,the real power system into the cage.Third,in the operating mechanism,improve the power of the list system of diversified supervision mechanism,improve the accountability mechanism,so that the power list system operation process more open,fair and transparent.
Keywords/Search Tags:Power List, Power List System, Government Governance, Legalization
PDF Full Text Request
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