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权力清单制度的进一步推进与落实必将是政府法治建设的重要举措。然而,从近几年政府部门制定权力清单的实践和法学界对权力清单的研究来看,对于权力清单的认识尚存在一些误区。有些人认为“权力清单”是准法律,有些人甚至提出了“清单之外无权力”“依清单行政”等说法。笔者认为,这些看法未能正确认识权力清单的本质,未能正确界定权力清单与法的关系,未能正确把握权力清单的功能与作用,如果听之任之,反而有害于法治政府建设,亟待澄清。
The further promotion and implementation of the power list system will surely be an important measure for the construction of the government by law. However, judging from the practice of the government departments in formulating the power list and the study of the power list conducted by the legal circles in recent years, there are still some misunderstandings about the power list. Some people think that the “list of powers” is a quasi-legal one, and some even put forward the idea that “there is no power outside the list” “according to the list administration.” The author believes that these views failed to correctly understand the nature of the power list, failed to correctly define the relationship between the power list and the law, failed to correctly grasp the function and role of the power list, if left unattended, but harmful to the construction of a government under the rule of law, which needs urgent clarification.