Discussion On The Modification Of The Organic Law Of The State Council

Since 1982,the fifth session of the fifth meeting of the National People's Congress by the organic law of the state council,after 32 years,although the standard organization and staffing of the state council,to strengthen the construction of institution under the state council shall be under the rule of law has achieved certain results,but the law in the process of running more and more problems,such as at the macro level,the content of the organic law of the state council is summarized and deficient lack basic principle guiding;At the micro level,the organic law of the state council is likely random administrative institutions,administrative preparation set legal and administrative power configuration status imbalance,lack of supervision mechanism and decision-making mechanism is not perfect,etc.Meanwhile,since the reform and opening,our country has been a massive government institutional reform,a lot of achievements,to promote the development of the state and society,but each institution reform failed to meet the preset goal,on-and-off,set by staffing increase or decreases,the power configuration take fly,never get out of the "lite-inflation-and-more inflation".The reason lies in the institutional reform guided by the basic idea of the rule of law government,the organic law of the state council in 1982 because of too principle,it is difficult to give play to the role of effective norms,the lack of constitutional reform.So,if you want to change the disadvantages of our country present "the organic law of the state council" and institutional reforms,we must attach importance to the organic law of the state council of modification,establish a adapt to the national institutional reform of the central administrative legal system.This article from "the organic law of the state council" comb comb history and present situation,this paper clarify the basic content and the organization of the state council document deficiencies,at the same time introduced in our country since the reform and opening up to eight major institutional reform,discusses the organic law of the state council and the relationship between institutional reform,research to reveal the necessity of the organic law of the state council,and then from the macro level and micro level discusses the defects of the organic law of the state council.From the macro level and micro level puts forward his Suggestions for the perfection of the organic law of the state council legislation,including the suggestion to perfect the "organic law of the state council" statutory principle of administrative organization,administrative decentralization principle,organization principles and Suggestions to improve the efficiency of the authority under the state council set up,prepare the configuration Settings,power,supervision mechanism,the decision-making process.The backdrop of the positive change in government functions,in order to have some reference "the organic law of the state council" to modify effect,promote the process of the organic law of the state council legislative work,promote our country's administrative organization law system construction.