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长期以来,我国的行政管理体制片面要求机构设置上下对口,强求一律。这种行政管理理念甚至渗透到了国务院《国家行政机关公文处理办法》(以下简称《办法》)中。《办法》在“行文规划”一章中明确规定:除非是经本级政府批准,并在行文中注明,否则,政府各部门对下一级政府一般不得正式行文。这一规定有其积极作用的一面:能够有效克服上级政府部门对下级政府任意行令,依法规范上级政府对下级政府的行政程序,从而减少“条条”对属于“块块”职权管理范围内的事项的干预。但这一行文规则,从全国县级政府的执行情况来看,却显得有些尴尬。
For a long time, the administrative system of our country has demanded the institutions to set up their counterparts in the upper and lower levels unanimously. This concept of administration has even infiltrated the “Measures for the Administration of Official Documents in State Administrative Organs” (the “Measures”) of the State Council. The “Measures” clearly stipulates in the chapter of “Paragraphs” that: Unless approved by the government at the same level and stated in the text, the government departments generally shall not formally declare to the next level of government. This stipulation has its positive effect: it can effectively overcome the arbitrary orders of higher-level government departments to lower-level governments and standardize the administrative procedures of higher-level governments to lower-level governments in accordance with the law so as to reduce " The intervention of the matter. However, this code of conduct, from the implementation of the county-level government view, but it seems a bit embarrassed.