In the government, there are several powers that must be robbed: one is the right to approve, one is the right to punish, and the other is the right to interpret the law. Obviously, institutionalized rules and procedures are difficult to really restrain power, then who comes? -Shortly before Wengau, a game sparked two national ministries to open Daleitai. First state press and publication Administration November 2 announced the end of the online game "World of Warcraft" approval, return NetEase on the introduction of the publication of "World of Warcraft" application, and asked to stop the violations immediately. Immediately after the Ministry of Culture marketing department said, "World of Warcraft" is normal operation, only the Ministry of Culture has the power to investigate the market, the publishing department's behavior is ultra vires. The openness of such inter-ministerial "functional disputes" is rare. Under the "three-set" programme of the Press and publication Administration and the Ministry of Culture, Ministry of Culture is the competent department of online games, under the unified management of the Ministry of Culture, the press and publication Administration is responsible for the "online game on-line publishing and approval", once the Internet, it is entirely managed by the Ministry of Culture; for the first-ever approved online games, the Ministry of Culture should allow Internet No longer repeat the review, and in the management strictly in accordance with the Department of pre-approval content management; Online game publications without the Department's prior approval of unauthorized access to the Internet, the Ministry of Culture is responsible for guiding the cultural market law enforcement team to investigate and punish, the Department does not directly to the Internet online game processing In addition, the Department is responsible for the licensing of foreign copyright owners in the Internet access to the game of the publication of the examination and approval of other imported online games for the Ministry of Culture. From this division, the Press and publication administration to NetEase "without charge and provide a new account registration, has caused the de facto open operation service" as a result of the termination of the latter's application, and no ultra vires, but the Ministry of Culture will see this as a network game "investigation and Punishment." Whether this is the examination and approval behavior or the investigation and punishment behavior, China's cultural cause of the two major authorities in the letter meaning of the differences, reflecting not only how profound the Chinese culture, but also the traditional administrative system of the functional division of the way has been outdated. In accordance with the current model, the Government of the executive power department, according to the "three-set" programme to set its establishment, institutions and responsibilities. In the case of central ministries, it is generally the first draft of the three draft plan prepared by the Department, and then submitted to the Central Establishment Committee set up by the central Office and the State Council's legal Office for Coordination and consultation, and finally approved by the State Council, to form a part of the Department of the main responsibilities of the However, any power has its own or dark expansion, aggression, exclusivity, temptation, in this process, the department will show the tendency of self counties weak responsibility, the consequences, is manifested in the specific administrative practice of the common functions of cross, staff bloated, power and responsibility, long law enforcement and other chronic disease, By the Department of the interests of the trend, and sometimes rushed to "offside", and sometimes "dislocation", and sometimes will be "lost". Therefore, it is often said that there are several kinds of power in government agencies must be robbed: one is the right to approve, one is the right to punish, and one is the right to legal interpretation. July 1, 2004,China has enacted the administrative Permission Law, which is the only one in the world to date, the purpose of which is to define the administrative competence of the Government by the rule of law and to build a limited government that adapts to the market economy. However, unlike the traditional rule of law in the West, the rule of law in China is often regarded as a tool to promote social change, and it is necessary to complete the construction of the rule of law system in a relatively short time through a political reform model, which can be imagined. But the most critical hurdle is a realignment of interests. The relationship between power and interests is not only the relationship between the government and the market, but also the relationship between the government and the government. It may even involve a relationship between different departments and bureaux within a government, and between different people. Therefore, if we have a survey of the electronic label standards that we have covered in these years, the Battle of mobile TV standards, the battle between big aircraft and the development of nuclear power, and so on, in the face of major strategic industries, those who believe in institutional authority will find it baffling that institutionalized rules and procedures are equally difficult to really restrict power, In the end, it seems that the highest level of leadership needs to be coordinated and finalized, and it seems that the only way is to remain "in power". Recently, some experts proposed that the three-mode model should be reformed to the departmental organization regulation model, and the administrative legislation and administrative regulations should be used to standardize the department's establishment and authority division, which is better than the traditional one in terms of authority, seriousness and stability. We welcome the progress of this rule of law, but dare not be optimistic. Institutional determinism is the infantilism of fundamentalism, and China's political economy and society still need strong arbitrators, and we are more concerned about whether this greater power comes from a higher level of government officials or is given some power beyond the administrative system.
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