地方政府权责清单中交叉职责的规制理路

Regulatory Approaches to Overlapping Responsibilities in the Local Government’s Power and Responsibility List

作为一项形塑中国特色社会主义法治政府、服务型政府的基础性制度,地方政府权责清单能够以制度化方式理顺地方政府工作部门间的职责承接关系,进而产生规制政府交叉职责现象、规避政府职责交叉问题的制度效用。客观而言,我国业已公布和实施的地方政府权责清单在规制政府工作部门间交叉职责的制度设计方面仍然存在着规范性不足的问题。为了强化权责清单对交叉职责的规制效用,首先,各级地方政府及其工作部门要在认知层面严格区分政府职责交叉现象与政府职责交叉现象处置不当所引发的消极后果之间的本质区别,明确规制交叉职责与权责清单制度效用之间的内在关联;其次,要在制度设计层面秉持问题导向和目标牵引,完善权责清单关于规制交叉职责的内容版块,优化权责清单规制交叉职责的技术路线;再次,要在制度执行过程中切实发挥权责清单动态管理机制和协同落实机制的作用,确保在工作实践层面上对政府交叉职责实施有效的规制与规治。

As a fundamental institution to build a law-based and service-oriented socialist government with Chinese characteristics,the local government5 s power and responsibility list can straighten out the powers and responsibilities among the departments of local governments in an institutionalized manner,and serves as an institution to regulate and prevent the overlapping responsibilities in the government.Objectively speaking,the local government's power and responsibility list published and implemented in China is inadequately normative regarding the institution design in regulating the overlapping responsibilities among government departments.To make the list of powers and responsibilities better regulate overlapping responsibilities,first of all,local governments at all levels and their departments should distinguish the essential difference between the phenomenon of overlapping responsibilities and the negative consequences caused by improper handling of the phenomenon,and define the inherent relationship between regulating overlapping responsibilities and the effectiveness of the institution of the power and responsibility list.Secondly,we should uphold problem-oriented and goal-oriented institution design,improve the content section of the power and responsibility list on regulating overlapping responsibilities,and optimize the technological route of the power and responsibility list on regulating overlapping responsibilities.Thirdly,in the process of institutional implementation,the dynamic management mechanism,collaborative implementation mechanism should be brought into full play to ensure effective regulation and governance of overlapping responsibilities in the government at practical level.