区域性组织事权的法治进路——以长三角区域合作为视角

Rule-of-law Approach to the Power of Regional Organizations——From the Perspective of the Yangtze River Delta Regional Cooperation

区域性组织事权是区域性组织依法享有的对特定区域性公共事务的管辖权,是区域性组织的职权和应担负的职责。事权的公权力属性及隶属管辖权、职权的特点,决定区域性组织事权应规范化、法治化。从法律性质看,区域性组织事权属区域性事权,可以是地方事权,亦可以是地方性事权。当前区域性组织事权背离法治的问题突出,裨补阙漏,区域性组织事权的法治因应之策是夯实区域性组织事权的法治根基、确立区域性组织事权法定原则、依法厘定特定区域性事权主体为区域性组织、依法界分区域性组织与他组织事权、依法构建区域性组织事权与财力、支出责任相适应的制度。

The power of regional organizations is the jurisdiction of regional organizations to certain regional public affairs in accordance with laws, and it is the authority and responsibility of regional organizations. The attributes of public power and the characteristics of subordinate jurisdiction and authority determine that the power of regional organizations should be standardized and legalized. In terms of the legal nature, the power of regional organizations is the regional power, which could be the local exclusive power or the local power. At present, it is prominent that the power of regional organizations deviates from the rule of law. To resolve this problem, the legal foundation of the power of regional organizations should be consolidated;the principle that the power of regional organizations is law-stipulated should be established;the subject of the specific regional power should be identified as the regional organization;power of regional organizations and other organizations should be divided according to law;the legal system in which the power of regional organizations is compatible with financial resources and expenditure responsibilities should be constructed.