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权力清单制度作为全面深化行政体制改革的新起点、法治政府建设的突破口,带来了各级政府机构和职能部门的“自我革命”。将权力清单制度置于法治政府语境下,反映了权力清单制度彰显现代政府法治管理精神、适应法治政府简政放权的需要、回应民众公平正义的诉求以及维系法治政府政治生态平衡等重要属性。从2005年在河北首列“市长清单”到全国范围内的覆盖与推广,权力清单制度的实行取得了阶段性成果,但仍然存在与政府法治环境匹配度较低,与现有法律框架的相容性存在漏洞,与负面清单、监管清单的关系界定不严,与公民权利清单的“加减法失衡”等问题。为了进一步发展完善权力清单制度在法治政府建设中的示范作用,探索权力清单制度的法治化途径,需要在权力清单的设计、运作、监督和更新上,以公法为边界、以公权力为要义、以民本为核心、以民心为指针。
As a new starting point for comprehensively deepening the reform of the administrative system, the power list system has taken the lead in building a government under the rule of law and has brought “self-revolution” among government agencies and functional departments at all levels. Putting the power bill system into the context of a government under the rule of law reflects the important functions of the power bill system, such as showing the power of the modern government administration of the rule of law, meeting the needs of a government ruled by law and decentralization, responding to the demands of people’s fairness and justice, and maintaining the political and ecological balance of the government under the rule of law. From the first list of “Mayors of Hebei Province” in 2005 to the nationwide coverage and promotion, the implementation of the power list system has achieved staged results. However, there is still a low degree of matching with the government environment of the rule of law and with existing laws There are loopholes in the compatibility of the framework, the negative relationship between the negative list and the regulatory checklist, and the imbalance of the addition and subtraction of civil rights list. In order to further develop and perfect the demonstration function of the power list system in the construction of a government under the rule of law and to explore the rule of law of the power list system, it is necessary to design, operate, supervise and update the power list, take the public law as the boundary and public power as the key, Take the people as the core and the people as the guideline.