A Preliminary Study on the Law-Based Lists of Delegated Powers at the Primary Level
The list of delegated powers,as a systemic carrier for promoting the reform of delegation and empowerment at the primary level,lacks theoretical construction and institutional design.Empirical research shows that the external form of the delegated power list has the problems of unclear binding effect on the catalogue of empowerment decisions vertically and blurring boundaries with the catalogue of statutory authority horizontally,and the rules for compiling the list of delegated powers also have the problems in terms of subject eligibility,basis differences,and procedural legitimacy.It is found that the list of delegated powers has both internal self-control and external legal effects,and it is appropriate to characterize it as"quasi-administrative legislation"and apply the idea of discretionary administrative legislation.In terms of macro scheme,the hierarchical structure of"empowerment guide catalogue-empowerment decision catalogue-list of powers and responsibilities"should be selected and developed,and the statutory authority catalogue with the core purpose of"disclosure of powers and responsibilities"should be excluded from the delegated power list.In terms of specific programs,the legitimacy of the main body of list compiling should be reviewed and corrected by the early intervention of the legislature,and the selection of the basis and the formulation procedure should be based on the differences in empowerment types.
empowerment at the primary levelpower delegationlist of delegated powersformulation rulesrule of law
万方数据
维普
