What aspects of administrative law are covered by the list of powers system

The list of powers is to make a comprehensive count of the various public powers held by the first level and its subordinate work departments, and make the list of powers public, and take the initiative to accept social supervision.

It is committed to forming an open and transparent operation mechanism of administrative power with clear powers and responsibilities, strict procedures for reform, open operation, and effective supervision, so as to effectively solve outstanding problems such as inaction and disorderly action in the operation of power. The list of powers is to make comprehensive statistics on the various public powers held by the first level and its subordinate departments, and make the list of powers public, and take the initiative to accept social supervision. [1]

It focuses on optimizing and disclosing the process of power operation in accordance with the law, and is committed to forming an open and transparent operation mechanism of administrative power with clear powers and responsibilities, strict procedures, open operation, and effective supervision, so as to effectively solve the outstanding problems in the operation of power, such as inaction, disorderly action, overlapping powers and responsibilities, multiple law enforcement, mutual prevarication, lack of supervision, black-box operation, and power rent-seeking.

Specifically, the list of powers mainly contains two meanings: one is to clarify the boundaries of power. That is, what should be managed, what should not be managed, what should be approved, what should not be approved, what procedures and processes are in the end, etc., are all fixed in the form of the system, so that "the law cannot be done without authorization"; The second is to make administrative affairs transparent.

That is, the list of powers is not controlled internally, but requires it to be "exposed" and placed under the supervision of the public and society.

It is an important reform task deployed by the first and foremost, and it is the modernization of the national governance system and governance capacity.

An important measure of construction is essential for deepening the reform of the administrative system and building the rule of law.

Innovation and honesty are of great significance. Some localities have made useful explorations in implementing the list of powers and the list of corresponding responsibilities, and have achieved positive results.

1) Work objectives. The administrative functions and powers exercised by the local work departments at all levels and their basis, exercise subjects, operation processes, corresponding responsibilities, etc., are clearly listed in the form of a list, announced to the public, and subject to social supervision. Through the establishment of the list of powers and the corresponding list of responsibilities system, further clarify the responsibilities and powers of local work departments at all levels, vigorously promote the streamlining of administration and delegation of power, and accelerate the formation of a clear boundary, reasonable division of labor, consistent power and responsibility, efficient operation, and legal guarantee of the first functional system and scientific and effective power supervision, restraint, coordination mechanism, and comprehensively promote administration according to law.

2) Scope of implementation. As the main implementation of local administrative powers, the first work departments at all levels of the local administrative power are the focus of the implementation of the power list system. Public institutions that undertake administrative functions in accordance with the law, and institutions with administrative functions and powers that are set up in localities by vertical management departments, should also implement the power list system.

Legal analysis: The list of rights and responsibilities refers to the definition of the responsibilities and powers of each department and each position in accordance with the law on the basis of a comprehensive combing of the public powers exercised by ** and its departments, and then the list of powers, the implementation subject, the relevant legal basis, and the specific handling process are listed and made public.

Legal basis: Article 3 of the Constitution of the People's Republic of China The principle of democratic centralism is exercised in the promotion of state institutions of the People's Republic of China. The National People's Congress and local people's congresses at all levels are democratically elected, and Xiaosui is responsible to the people and subject to the people's supervision.

The state administrative, supervising, adjudicatory, and procuratorial organs are all created by the people's congress, are responsible to it, and are subject to its supervision and supervision. The division of functions and powers between local state organs and local state institutions follows the principle of giving full play to the initiative and enthusiasm of local governments under the unified leadership of the government.

The so-called "list of powers", in short, means to make a comprehensive count of the various public powers held by all levels and departments, and to make the powers public in the form of a list of columns, and take the initiative to accept social supervision.

1. The power list system was first proposed at the Third Plenary Session of the 18th Central Committee of the Communist Party of China: "Implement the power list system of local governments at all levels and their work departments, and disclose the power operation process in accordance with the law."

2. The principle of the power list system is that nothing can be done without authorization from the law. The list of powers should cover the administrative powers of ** and all ** departments at all levels in our country. All public powers that do not involve state secrets should be made public, and there should be no "dark spots" or even "blind spots."

3. The key to the power list system is accurate details. For each public power, the "power list" should specify the name of the power, ** (the laws and regulations on which it is based), the department exercising it, the rules for exercising it, and the channels for supervising complaints.

4. The core of the power list system is to streamline administration and delegate power. Focusing on the goals of reducing levels, optimizing processes, improving efficiency, and facilitating work, analyze the operation process of each power, identify the key nodes of power operation, clarify the internal connection of each node, optimize the power operation process, and solidify business operation procedures. ‍

The list of administrative powers is sorted out and classified in accordance with the requirements of the "plan", and the existing powers are mainly divided into 26 power items in five categories, such as administrative examination and approval, administrative confirmation, administrative punishment, administrative supervision and inspection, and other powers, and there are currently no five types of administrative powers, such as administrative compulsion, administrative expropriation, administrative requisition, administrative adjudication, and administrative payment.

1. There are a total of 7 administrative examination and approval items, including 5 administrative licenses such as the approval of enterprise investment projects, and 2 non-administrative licenses such as the approval of provincial ** investment projects.

2. There are a total of 4 administrative confirmation items, including the qualification confirmation of experts in the provincial comprehensive bid evaluation expert database, the confirmation of the designation of the bidding announcement, the tax exemption confirmation of imported equipment for domestic and foreign-funded projects below the quota encouraged by the state, and the issuance of certificates in line with industrial policies (only for the processing of industrial product production licenses).

3. There are 4 administrative penalties, including the punishment of the provincial government for avoiding bidding after approving the bidding and not in accordance with the approval of the bidding for illegal acts, the punishment of illegal acts in the bidding and bidding activities of major construction projects, the punishment of illegal acts of fraud resulting in the content of energy-saving assessment documents, and the punishment of illegal acts that endanger the safety of national defense transportation engineering facilities or encroach on land for national defense traffic control.

4. There are 4 administrative supervision and inspection items, including the supervision and inspection of the implementation of projects and funds within the scope of the Commission's responsibilities and entrusted by the superiors, the inspection of major construction projects, the supervision and inspection and evaluation of provincial key projects, and the supervision and inspection of the duration of corporate bonds.

5. There are 7 other power matters, mainly administrative services such as review and transfer, planning and plan preparation and issuance, and filing, including planning plans, project funds, and qualification review and reporting within the authority of the state and province, and the preparation and issuance of planning plans within the authority of the Commission.