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On The Legalization Of Office Combination In The New Era

Posted on:2020-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:D F ChenFull Text:PDF
GTID:2416330578460956Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The Office Combination has been established since ancient times.It can be traced back to the Tang Dynasty and developed into a unique local political system during the period of the Nanjing National Government.After the founding of the People's Republic of China,the Office Combination showed a strong vitality and became more and more visible in social practice.In the new round of party and state institutional reforms in 2018,the party and state agencies co-located or explored the office.In the context of the new era,the Office Combination has attracted more and more scholars' attention,but most scholars have explained it from the perspective of administrative management.Few scholars have interpreted the office from the perspective of law.Different from the connotation of the traditional office,this paper firstly explains the new connotation of the office of the joint office from the perspective of law in the new era.The office of the joint office is defined as an institution of two or more party organs or state institutions with authority.The newly formed institutions enjoy all the functions and powers of the original institution,and exercise the corresponding functions and responsibilities in the name of the original authority.At present,the standardization and rule of law in China's office are not high,mainly due to the small number of norms and low standardization of national laws and party regulations.The level of rule of law in the Office Combination is in urgent need of improvement.This paper mainly discusses the rule of law in the Office Combination from the following four parts: The first part is about the connotation and extension of the Office Combination,and clarifies what is the Office Combination.It mainly knows the history of the Office Combination by considering the background of the Office Combination.Origin,combined with the new era background,redefines the definition and characteristics of the office,and divides the office into three types: the party organization office,the national agency office and the party and government agencies.The second part elaborates the rationality of the Office Combination,mainly from the theory of collaborative governance,the theory of spontaneous evolution,the theory of cheap government and the theory of strengthening the leadership of the party.The third part analyzes the rule of law dilemma of the Office Combination,and analyzes the rule of law in the Office Combination,which has vague standards,unclear boundaries of powers and responsibilities,unbalanced supervision and control,and mixed party and state affairs.The fourth part is about the legalization of the rule of law in the Office Combination.It includes the following four contents: First,the setting standards of the Office Combination are clear,mainly from the three aspects of the creation subject,scope of application and content limit of the office.The setting standards for the office.The second is the clarification of the boundaries of the office's powers and responsibilities,mainly clarifying the powers and responsibilities of the office of the joint office from the two aspects of the establishment of the office list system and the creation of special powers and responsibilities.The third is the construction of the supervision and control mechanism,mainly from the supervision of the public power to the office of the joint office and the supervision of the private rights to the office of the joint office.The fourth is the clear distinction between the party affairs and the state affairs.The distinction is made between the party affairs and the state affairs mainly through the legal relationship distinction law,the nature judgment method and the behavior segmentation method.
Keywords/Search Tags:The Office Combination, Institutional Reform, Legitimacy, Rule of Law
PDF Full Text Request
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