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从宪法学的角度来讲,政府权力应当接受最根本的宪法约束,通过这种方式来约束并且限定政府权力。近些年来,与政府权力密切相关的权力清单制度逐渐受到了更多关注,通过运用权力清单的方式来明确政府本身具备的权力限度。由此可见,政府权力清单的产生有助于保障公民权利,进而从根源上消除了滥用政府权力的不良现象。在宪法学的视角下,政府有必要提供与日常各项事务密切相关的权力清单,这是由于政府权力来源于民众,因而应当突显权力本身的服务价值。为此针对政府权力清单的相关制度而言,本文认为应当明确权力清单的特征及其内容;结合建构法治政府的真实状况,探求宪法学视角下的改进思路。
From a constitutional point of view, government power should be subject to the most fundamental constitutional restraint, in this way to constrain and limit government authority. In recent years, the power list system, which is closely related to the power of the government, has been receiving more and more attention. By using the power list, the power limit of the government itself has been clarified. Thus, the emergence of a government power list helps to protect citizens’ rights and thus eliminates the root causes of the abuse of government power. From the perspective of constitutional law, it is necessary for the government to provide a list of powers closely related to the daily affairs. This is because government power comes from the public and therefore should highlight the service value of power itself. To this end, in view of the relevant system of government power list, this paper believes that the characteristics and content of the power list should be clarified; and the idea of improvement under the view of constitutional law should be explored in the light of the real situation of constructing government under the rule of law.