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Legalization Of Function Allocation:Research On Complementarity Between 'Sanding' Provision And List Of Power And Responsibility

Posted on:2021-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:H R ChenFull Text:PDF
GTID:2416330605467350Subject:Law
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Looking at the statutory process of institutional establishment and the practice of previous institutional reforms in China,it is not difficult to find that as the institutional design and the reform practice of the administrative system and institutional establishment has become more mature and more mature,the focus of organizational establishment management has been gradually shifted from purely 'organization' and'personnel' to transforming the functions of government,streamlining departmental responsibilities and promoting administration according to law.The party and the state have put more and more energy on the rational allocation of administrative powers in their departments.Judging from existing administrative organization law,institutional establishment law system structure and related system norms of China,the reasonable allocation of departmental administrative functions is inseparable from 'sanding' privision and list of power and responsibility.The Third Plenary Session of the 19th CPC Central Committee passed the "Decision on Deepening the Reform of the Party and State Institutions",reaffirming the important role of 'sanding' privision and list of power and responsibility to promote the legalization of the establishment of institutions.While stipulating the authority and seriousness,the Decision also clarified the goal positioning of the organic connection between list power and responsibility and'sanding' privision.As an important part of improving the laws and regulations of the party and state institutions,the two will provide better institutional guarantees for optimizing the allocation of departmental functions and promote the legalization of the establishment of institutions.In this context,how to correctly understand the inherent organic relationship between 'sanding' privision and list of power and responsibility is a question worth considering.Only by accurately and integrally grasping the relationship between the two,can we better design the consummation of 'Sanding' provision and list of power and responsibility from the perspective of the organic connection between the two,and better serve the practical needs to transform government functions,streamline department responsibilities and promote law-based administration,and better promote the vivid practice of institutional establishment legalization and administrative system reform.This article reviews the relevant theories and practices of the 'Sanding' provision and list of power and responsibility.It analyzes from the concept evolution,current practice,following principles,existing deficiencies,development trends,etc.Based on this,it explores the inherent connection between 'Sanding' provision and list of power and responsibility.This article believes that there is complementarity between 'Sanding' provision and list of power and responsibility,and this complementarity can be reflected in many aspects such as causality,content description,target group,verification standards,and regulatory methods.These complementary existences have consolidated the institutional structure that organically linked list of power and responsibility with'Sanding' provision,focusing on regulating departmental responsibilities and optimizing the allocation of functions,to facilitate the masses,accept social supervision,and promote administration by law.Similarly,the consummation of'Sanding' provision and list of power and responsibility should also be grasped from the perspective of complementarity.To improve the legitimacy and the functionality of'Sanding' provision and list of power and responsibility,fully considerding the premise that list of power and responsibility is organically linked with 'Sanding'provision,we can start by enhance the authority of 'Sanding' provision,improve the coverage of list of power and responsibility,and clarify the cross-border responsibility boundaries.
Keywords/Search Tags:‘Sanding' Provision, List of Power and Responsibility, Allocation of Power, Legalization, Complementarity
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