Research On The Subject Of Administration Under The System Of Party And Government Offices

In order to implement the third plenary session of the 19 th Central Committee of the Communist Party of China clearly pointed out to solve the shortcomings in the functional system of the party and state institutions,and to accelerate the modernization of the national governance system and capabilities,starting in 2018,the office of the Party and Government Office has become An important aspect of the reform of the party and state institutions.The Party and Government Office means that some party and government agencies are merged into one organization.The new organization not only undertakes party affairs,but also assumes part of the government’s administrative functions.The office of the Party and Government Office is an important measure for the modernization of the national governance system in the new era,but it also brings a series of impacts to the traditional administrative law and poses new challenges to the traditional administrative subject theory of our country.The office of the Party and Political Cooperation Office needs to solve a series of issues such as the qualifications of the administrative subject of the new organization,the authority of the administrative subject,the legal basis for the administrative subject to exercise its powers,and the responsibility of the administrative subject.All of these need theoretical support and basis.Whether the party’s working organs have the qualifications for administrative subjects,whether the party’s working organs can exercise administrative power,and whether the party’s working organs should bear administrative responsibilities,these issues need to be clarified.At present,the Party and Political Cooperation Agency poses major challenges to the theory and practice of administrative subjects.The previous administrative power theory,administrative authorization theory and administrative entrustment theory in the Party and Political Cooperation Agency cannot explain the main nature of the party’s working organ itself,as well as the source of its working power and responsibility.In practice,under the Party and Political Cooperation Agency,the party’s work organs lack the qualifications of administrative subjects,the new organization lacks a basis for exercising power,and the new organization’s responsibility is unclear.All these have affected the progress of the Party and Political Cooperation Agency.In this regard,it can be developed and improved from two aspects: the first is to enrich and develop my country’s existing administrative subject theory,redefine the legal definition of administrative subject,combine reform practice to innovate the theory of administrative authorization and improve the theory of administrative power and responsibility.Second,further improve the administrative laws and regulations of the Party and Government Cooperation Office,clarify the collaboration between the original "party" and government organizations,further clarify the division of administrative powers and administrative responsibilities within the new organization,and handle the supervision of administrative law.Relationship with being supervised.Specifically,as far as the theory of administrative subjects is concerned,the scope of administrative subjects should be expanded,the source of the basis for powers should be enriched,and the relevant mechanisms should be improved.In terms of expanding the scope of administrative subjects,adjust the connotation of administrative subjects and regard whether to undertake administrative tasks as the qualification standard of administrative subjects;extend the extension of administrative subjects and regard whether to undertake public functions as the standard of administrative subject status;and It is particularly important that the work organs of the country are included in the category of administrative subjects.In order to enrich the source of the basis for powers,it is necessary to adjust the governing body law that shapes the power and responsibility relationship and the governing organization law that regulates the organization field.In terms of improving relevant mechanisms,the author firmly believes in streamlining administrative institutions to avoid duplication of functions;collaboration and mutual assistance to give full play to the advantages of cooperation;clearly defined powers and responsibilities,and the division of administrative powers and responsibilities;and handle the direct supervision and administration of administrative and party and government entities.The supervised relationship is particularly important.