The Legalization Research Of Administrative Authority Freeze

In recent years,with the development of China's administrative organization law and the implementation of the power list system,local governments have created a new type of administrative legal system practice,which we usually call administrative authority freeze.The freezing of administrative powers refers to the act of freezing or suspending certain statutory functions of the administrative body through specific procedures within a certain time limit and within a certain scope.The Legislation Law of 2015 clarified the legitimacy of the freezing of administrative powers through the revision of the law,but it is still controversial as an emerging phenomenon.However,from a historical perspective,it has somewhat mitigated the negative effects of certain laws lag,chaos,disjointedness,and possession of privacy;from a realistic perspective,it has effectively broken the institutional barriers that violate the laws of the market,and promoted In the new era,reform and opening up have created a fast-track;from a future perspective,as a unique system of socialist rule of law with Chinese characteristics,the system of administrative power freeze must be integrated into the strategy of comprehensively governing the country according to law,and realize the rule of law in the freezing of administrative power.Judging from the observation of local legislative practice,the use of administrative power freezes is developing rapidly in the process of promoting the power list system.The frozen powers may be sealed for a long time,or may be immediately unblocked,and the randomness is too strong.Therefore,from the perspective of legal evaluation,the frozen administrative power may face a series of legal risks.Although on a theoretical level,these problems can be explained in the suspension of the law.However,this is still not enough.In order to make it more standardized,it is necessary to legalize it from the institutional level.Based on the background of the comprehensive reform and deepening reform,the author is based on the premise of the background of the topic selection and some related study parts.The second chapter systematically analyzes the administrative authority freeze.The concept,nature,form of expression,and answering the question of how the administrative power freeze arises in the reform of the government power list system.On the basis of the previous analysis,the third chapter analyzes the operation status of the administrative power freeze from five aspects: freezing object,freezing standard,freezing authority,freezing procedure,and post-freezing effect,and systematically studies "what is frozen" and "who has the right." Major issues such as “freezing” and “how to freeze”.The fourth chapter is the core part of the article.It summarizes and analyzes the impact of the administrative power freeze on the unity of the law,affects the authority of the law,affects the stability of the law,and provides reasonable avoidance for administrative inaction.Four aspects of legal risks.The last chapter lays out the path of the administrative power to freeze the rule of law.The overall idea is to classify the frozen powers according to the legal hierarchy,and correspondingly establish a bottom-up application for freezing,and hand over the frozen power to the authorized body of the superior.Protect the conduct of its actions.