On The Procedural Regulation Of The Authority Of Local People's Government

The report of the Ninth National Congress of the Communist Party of China put forward new requirements for the construction of a government under the rule of law.From 2020 to 2035,we should basically build a country governed by law,the rule of law,and the rule of law.The government head of the local people's government is the responsibility bearer of all levels of government,and is also the highest decision-maker.Regulating the administrative powers of the heads of local people's govermments according to law is of great significance to the construction of the rule of law,the rule of law,and the rale of law.The head of the government of the local people's government is theoretically tthe highest leader of the people's government at the same level.The law authorizes the head of government to exercise public power on behalf of the government at that level.If the boundary of the government's public power needs to be exercised by the law,if it is not subject to the law,it can easily lead to the abuse of power.Therefore,the authority of the head of government should not be ignored.It is related to the construction of the government under the rule of law,and more to the current problems of economic and social development and stability.It is an institutional issue that must be faced in the fight against corruption and building a clean government.China's Constitution of the People's Republic of China in 1982[Note:The "Constitution of the People's Republic of China" referred to in this article was the fourth Constitution of the People's Republic of China passed and promulgated at the fifth session of the Fifth National People's Congress on December 4,1982..(hereinafter referred to as "the Constitution")stipulates that the executive responsibility system shall be implemented within the administrative organs-the head of government bears responsibility for the extermal behavior of the people's government at the same level.The implementation of this system has a positive effect on improving administrative efficiency,especially the efficiency of administrative decision-making,clarifying the scope of responsibility,strengthening the sense of responsibility of the executive head,and changing the situation in which the collective responsibility system is actually ambiguous;however,on the one hand,With the development of society,social administrative affairs have become more and more complicated,and the administrative power has been continuously expanding.On the other hand,with the continuous strengthening of the concept of the legal system in society,the citizen's awareness of the rule of law,democracy,and rights has constantly increased.The public has imposed higher requirements on "ruling the country according to law"and "administrating according to law".From the perspective of procedural law,it is of extraordinary significance to think about how to regulate the powers of government heads and the procedures for the operation of heads of their powers,as well as the procedures for investigating the responsibility of heads for misconduct.The establishment of a statutory system of the authority of the heads of local people's governments is,on the one hand,an indispensable requirement for standardizing the powers of the head of government,and on the other,it is also an internal requirement for the construction of an administrative procedural law,and an important part of governing the country according.to law.The existing legislation on the exercise of the powers of the heads of local people's governments is not perfect.For example,the content of the laws and regulations that regulate the authority of the head of government is more stipulated than the substantive content of the authority of the head of the local government.There are fewer rules on procedural content;In some procedural legislations,more authorizations are set from the perspective of ensuring the executive authority of executive heads.However,the rules for regulating and restricting the exercise of the powers of government heads are relati-vely inadequate;and the existing relevant legislation is relatively decentralized,and there are no specific projects.There are procedural legislations governing the exercise of the powers of government heads;there is also a lack of targeted legislation on the accountability procedures for government heads.The existing legislative rules involving the exercise of the powers of government chiefs are also lacking in operability and procedurality.Therefore,it is the proposition of this article as to-how 'to maintain and promote the high efficiency and clear-cut responsibilities of the government's chief executives,avoid abuses or misuse of government chiefs,powers,avoid mistakes in decision-making,and corrupt the negative effects of government heads.The starting point and the original intention of the study.There are certain legislative deficiencies in the current legislation regarding the exercise of the powers of the heads of local people's governments at all levels.The government heads have been given greater administrative power by law.If power is not regulated,they are vulnerable to violations of public interests and national interests.The current legislation stipulates that the executive authority of the government should be exercised in terms of "re-entity,lighter procedures," "safeguards,light regulation," "multi-principles,and less specific." At present,while China has not yet enacted special legislation to regulate the heads of local people's governments to exercise their statutory powers,local people's congresses and people's governments in some provinces and municipalities have already exercised authority over the heads of government in some administrative procedures in the legislative work on administrative procedures.Many corresponding specifications were made and useful explorations and trials were conducted.The procedural law has its own value.For the realization of the value of the substantive law,procedural law can play a role in guaranteeing and regulating the realization of the value of tihe substantive law.By analysing the existing legislative deficiencies related to the regulation of the authority of the head of local government,it is possible to strengthen the rule of law by enhancing targeted construction of the rule of law.First of all,in light of the shortcomings of "re-entity and lighter procedures",it is possible to strengthen the regulation of the procedures for exercising the powers of the heads of local people's governments by promoting the national "Administrative Procedural Law"legislation from the perspectives of effectiveness and enrichment.Secondly,with regard to the status of "safeguards,light regulation",a specific system for regulating the powers of heads of directors may be set up to strengthen the system of preventing abuses of the powers of heads of state.Finally,under the premise of guaranteeing the executive authority of local people's governments to exercise their duties according to law,Design a specific targeted monitoring mechanism and accountability procedures for heads of directors to improve specific regulatory content.Based on the existing legislative status regarding the exercise of the powers of the local people's government's heads,we recommend that legislation should be adopted to regulate the exercise of the powers of the heads of state,prevent the abuse of the powers of heads of state,and clearly specify the procedures for the accountability of heads of officials.These are based on the existing relevant legislative provisions.Drawing on valuable experience from all over the country,we gradually adopted laws and regulations to regulate the exercise of the powers of the heads of government and improve the relevant legal systems for the powers of the heads of local people's governments.