论我国实施行政审批“权力清单”的困境及其出路

The Predicament and Outlet of Implementing the Power List System of Administrative Examination and Approval in China

权力清单制度是各级人民政府及其职能部门,以"清权、确权、配权、晒权、制权"等步骤规范行政权力运行的一系列程序与内容。它是我国政府全面深化改革、推进依法治国的重要举措,根据职权法定原则、公开原则、便民原则制定的权力要件,划清行政与市场的边界,减少政府干预市场,目的是建立法治政府、有限政府、阳光政府、服务政府。党的十八届三中全会以来推进"权力清单制度",权力行使全程依法公开,但行政审批"权力清单"在设定、实施、后续机制等方面都存在一定困难,需从确保行政审批"权力清单"设定的合法性、加强其实施的有效性、增强其后续机制的实用性等具体路径,完善我国行政审批"权力清单"制度。

The power list system is a series of procedures and contents for the people’s governments at all levels and their functional departments to standardize the operation of administrative power through the steps of“clearing power,confirming power,allocating power,drying power and controlling power”.It is an important measure for our government to deepen the reform and promote the rule of law in an all-round way.The power list is made according to the principle of authority?and?responsibility?designed?by?law,the principle of openness and the principle of convenience for the people to draw a clear line between administration and the market and reduce government intervention in the market,the aim of which is to establish a government ruled by law,a limited government,a sunshine government and a service government.Since the Third Plenary Session of the 18th Central Committee of the Communist Party of China,the power list system has been promoted and the exercise of power has been made public in accordance with the law.However,there are some difficulties in the establishment,implementation and follow-up mechanism of the system of power list for administrative examination and approval.It is necessary to ensure the legitimacy of the establishment of the power list for administrative examination and approval,strengthen the effectiveness of its implementation,and enhance the practicability of its follow-up mechanism,in order to improve the system of“power list”for administrative examination and approval in China.