Legal Issues in the Operation of Macro-Control Power

Author: Xing Huiqiang
Publisher:
Publish Date: 2004-11-01
Features: The right of macro-control is the core category of macro-control law. The right of macro-control is a new type of function different from traditional administrative power. Based on the actual exercise process of the right of macro-control, as well as the trend of the second separation of power between decision-making and implementation, this work defines macro-control behavior as decision-making behavior and defines the right of macro-control as the right of decision-making. The operation of the right of macro-control lies in the operation of the right of macro-control. In terms of substantive law, there are the subject system, requirements and effectiveness, operational principles, and liability system of the right of macro-control. In terms of procedural law, there are procedural systems, issues of justiciability, and supervision systems. To ensure the smooth operation of the right of macro-control, as well as the independence and impartiality of the judiciary, and in accordance with the limitations of judicial power, macro-control behavior (i.e., decision-making behavior) should be non-justiciable. To achieve the restriction of the right of control, political responsibility systems should also be introduced and improved. The operation of the right of macro-control is reflected in the specific operations of macro-control in areas such as planning, finance, and taxation. This work, combining the general theory of macro-control law, selects some practical cases and new laws and regulations to discuss some hot issues in recent macro-control.