街道人大工作机构的组织理论与功能限定

Organizational Theory and Functional Limitation of the Working Organs of Neighborhood People’s Congress

街道人大工作机构的设立,补齐了街道人大工作的制度“短板”,但引发了对其职能定位的长期争论。尽管2015年《地方组织法》第五十三条第三款为这一组织创新提供了明确的法律依据,但受人大集体行使职权原则等组织理论的影响,对于街道人大工作机构能否行使职权、如何行使职权始终难有定论。事实上,街道人大工作机构行使职权并不存在理论上的障碍。由于我国的国家权力组织和运行并不遵循“议事”和“执行”的功能分化原理,而是贯彻民主集中制的原则。因此,人大及其常委会设立工作机构进行合理分工,授权其行使非决定性的职权,并不违反民主集中制下的集体行使职权原则。2015年《地方组织法》明确常务委员会可以设立街道人大工作机构,不仅是对建立这种内部分工的确认,而且从形式和实质两个方面对其职能定位予以明确。在组织形式上,街道人大工作机构是以内部合理分工为基础,以获得授权为条件开展工作的“机构”。在职权权限上,街道人大工作机构是协助常务委员会行使“人大授予职权”的“工作”机构。

The establishment of the neighborhood peoples’ congress working organization has supplemented the“short board”of the system of the neighborhood people ’s congress work, but has triggered a long-term debate on its functional orientation. Although the third paragraph of Article 53 of the Local Organization Law of2015 provides a clear legal basis for this organizational innovation, under the influence of organizational theories such as the principle of the collective exercise of power by the peoples’ congress, can the neighborhood peoples’ congress work institutions exercise their powers? How to exercise authority? It is always difficult to reach a conclusion. In fact, there is no theoretical obstacle for the neighborhood people’s congresses to exercise their functions and powers. The organization and operation of state power in China does not follow the principle of functional differentiation of“deliberation”and“implementation”, but implements the principle of democratic centralism. Therefore, the establishment of a working body by the National People’s Congress and its Standing Committee to carry out a reasonable division of labor and authorize it to exercise its non decisive functions and powers does not violate the principle of collective exercise of functions and powers under democratic centralism.The Local Organization Law of 2015 made it clear that the Standing Committee can set up sub district peoples’ congresses, which is not only a confirmation of the establishment of this internal division of labor, but also a clear definition of its functional orientation from both the form and the substance. In terms of organizational form, the neighborhood peoples’ congress working organization is an“organization”that carries out work on the basis of reasonable internal division of labor and under the condition of obtaining authorization. In terms of power and authority, the neighborhood people’s congress working organization is a“working”organization that assists the standing committee in exercising the“power and authority granted by the peoples’ congress”.