Research On The List System Of Local Government Power In China

In recent years,the Party and the state have vigorously promoted the power list system.In 2013,the Third Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)put forward for the first time a list system of powers at the national level.At the meeting,it was clearly stated that the authorities at all levels of local governments and their working departments should actively implement the list system of powers,all local governments should strictly carry out the procedure of fully disclosing the administrative power according to law.Subsequently,the Fourth Plenary Session of the 18th CPC Central Committee in 2014 reiterated the need to implement the list system of government powers,combat the phenomenon of rent-seeking,fully and comprehensively perform government functions,and speed up the process of building a government under the rule of law.The power list system has been actively implemented throughout the country.In 2015,the central office and the State Office jointly issued the guidance on the implementation of the list of powers system in the work departments of local governments at all levels,which provides top-level design and vision for the implementation of the list of powers system,local governments are gradually making public the lists of powers of the relevant work departments.In 2016,in response to state policy,departments under the State Council conducted a pilot project to compile lists of powers and responsibilities,with 57 working departments announcing lists of powers in succession.In 2018,the Third Plenary Session of the 19th Central Committee of the Communist Party of China adopted the decision on deepening reform of Party and state institutions,calling for the full implementation of the list of powers and responsibilities of government departments so as to achieve an effective alignment between the list of powers and responsibilities and the provisions of the"three stipulations",we should strictly regulate and restrict the government and its working departments in performing their duties,so that administrative power can operate under the sun.The local government power list system is to sort out,verify,and calculate the power matters of governments at all levels and their departments to form a directory list and make it public to the public to accept public supervision.The implementation of the local government power list system is the due meaning of administering according to law,changing government functions,and establishing a government ruled by law.It is also an important way to achieve power restriction and supervision and release market vitality.The study of the system can not only provide more sufficient theoretical support for its smooth implementation and promotion,but also deepen the public’s understanding of the system.This article uses research methods such as literature analysis,historical analysis,and empirical analysis.First,it sorts out and studies a large number of books,periodicals,and papers related to the local government power list system,and understands the concept,nature,and theory of the power list system.Basics,and basic information about existing research results;then Exploring the historical origin of the system and going back to its development history,we have a relatively three-dimensional and intuitive understanding of the system;Finally,we searched and looked at the websites of governments at all levels and working departments and the publishing platform of relevant laws and regulations.For the actual situation of the system Analyze,identify problems,and propose targeted improvements.The content of the power list coincides with the provisions of the "Regulations on the Disclosure of Government Information" in China.It is a collection and disclosure of the administrative power of the government and its work departments.It should essentially be government information that is actively disclosed.The power list system follows the theory of power restriction and supervision,the theory of limited government,and the rule of law government,which is conducive to improving administrative efficiency,stimulating the release of market vitality,and protecting the rights of citizens.The local government power list system has achieved certain results since it was fully implemented in 2014.At the provincial level,the power list has been made public.However,there are still many problems in the practice of the local government in the implementation of the power list system.Each locality is independent and independent.Whether it is the model of the power list,the content on the list,or the number and type of administrative powers on the list,there are many problems in each province.Big difference.This objectively affected the unity and authority of the power list system.At the same time,there are the following problems.First,the laws and regulations regulating the power list system are not complete.The specific manifestations are the absence of special legislative documents,the low level of effectiveness of existing policy documents and the incomplete content;second,the compilation of power lists is not standardized.The specific manifestations are that the source of power is unknown,which leads to the dilemma of legality,the scope of the power list covering administrative subjects is not comprehensive,and the list making process is not strict.Third,the power list is not fully public.The specific manifestations are a single open method,inadequate public content,and incomplete development of the open platform.Fourth,there is a deviation in the operation of the power list.The specific manifestation is that the local practice of administration according to the list conflicts with the administration according to law,and the power list is not updated and adjusted in a timely manner.Fifth,supervision and accountability are not in place.The specific manifestations are the lack and weakening of the supervision system and the inadequate accountability mechanism.In this regard,firstly,the top-level design should be strengthened,special and unified laws and regulations should be formulated,the legislative level should be improved,and the legislative content should be improved.Secondly,for the problems in the compilation process,the basis for setting powers should be sorted out according to law,the scope of administrative subjects should be clarified,and the power should be regulated Procedures for the formulation of the list;once again,with regard to the issue of the public link,it should realize the legislative connection with the laws and regulations of government information disclosure,diversify the subject of disclosure,and improve the public content;again,with regard to the problems existing in the operation link,the basic principles of administration according to law should be adhered to.Strengthen the construction of the dynamic management mechanism of the power list.Finally,in view of the problems in the supervision link,the supervision mechanism and the accountability mechanism should be continuously improved.