The Practice of Administrative Decentralization:an Interpretation Based on Delegated Authority
Decentralization of administrative power is an important means of reform of the administrative law enforcement system at the grassroots level.The form of decentralization is mainly based on local normative documents and local working documents;the way of decentralization is the authorization of the provincial government;the delegated power covers administrative powers such as administrative punishment and administrative licensing.In the process of decentralization of administrative power,there are problems such as the unclear definition of the legal nature,the questioning of the qualifications of the law enforcement entities in townships and neighborhoods,and the inconsistent identification of defendants in administrative litigation.The essence of administrative decentralization is not legal authorization or administrative authorization,nor is it a delegation of affairs,but a delegation of authority with the transfer of administrative functions and powers as the core feature.A system of entrusting authority should be established to affirm the qualifications of township and neighborhood law enforcement entities and the qualifications of defendants in administrative litigation.