The Institutional Construction of the List of Administrative Record Matters in the Context of Law-based Business Environment
In the process of building a law-based business environment,how to use the list sys-tem to clarify the boundaries of the government's filling power and strengthen the supervision of power operation has become a key issue.Due to the path dependence on the preparation technology of administrative act typology and the ambiguous understanding of the conceptual attributes and regulatory mechanism of administrative filing,there are problems such as inconsistent preparation statement and basis,inconsistent preparation basis,diversified preparation content and insufficient procedural propriety in the construction of administrative filing matters list system.The construc-tion of administrative filing matters list system should be in line with the specific requirements of promoting the reform of"release management and service",improving the level of normative gov-ernance and regulating the implementation of administrative filing supervision.Specifically,in the rule of law model,administrative filing list should be based on normative and functionalism to carry out the dual construction;the preparation of the calibre of the legal standard should adopt the smal-lest granularity standard,and clear filing type and the creation of the basis;the preparation of the content of the intrinsic requirements of fairness and justice;the preparation of the procedure should reflect the"separation of functions".The preparation process should reflect the"separation of func-tions"and increase the filing and review procedures,and at the same time ensure the openness of the preparation process and the effective participation of the public.
Administrative FilingList of MattersFunctionalismRule Construction
万方数据
维普
