On The Construction Of Administrative Law Of Power List

In November 2013, the file called "Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform", which is made by the Third Plenary Session of the 18th Central Committee of the CPC, formally put forward to implement the power list system. This system caused widespread concern and discussion from then on. As a new institution in the construction of rule of administrative law, there are many problems in the power list system, such as insecure legal foundation, unsound procedural rules, and ambiguous institutional subject. In order to make the system truly normative role of the administrative power, we need to construct it in administrative law.In the prolegomena, this paper introduces the development history from the origin and practice situation in various regions of the power list system; analyzes and discusses the existing problems of the system; briefly expounds the necessity of constructing the power list in administrative law. Furthermore, this paper has combed the research direction and research results of the academic circles over the years, and on this basis to put forward their own discussion direction.The first part of the text is about the basic concepts of the power list and the construction of the power list in administrative law. This part defines and sorts out the power list concept definition and manifestation, discusses the role of the power list system in promoting of rule of administrative law in China and extended from the connotation and significance of the construction of power list in administrative law.In the second part, this paper explains the theoretical basis of the construction of power list in administrative law from the following five aspects:the power attribute of power list; the legal attribute of power list; the self-discipline of administrative organs; the lawfulness of administration doctrine and the principle of administrative opennes. Thus forming a theoretical support system of the construction of power list in administrative law, further illustrates its inevitability.The third part, based on the exposition of theory in the second part, combines with some existing problems in the power list system, proposes three paths of the construction of power list in administrative law:the combination of static construction and dynamic, the combination of entity rules and rules of procedure and the combination of legislature and the administrative organ.