关键词： 权力清单, 清单基准法, 合法性审查

Abstract: According to the "guiding opinions",in order to carry out the list system,we should "do a good job in the main links such as clearing power,reducing power,controlling right,releasing right and so on",and the functions and powers retained after cleaning should be examined item by item,and the legitimacy,rationality and necessity should be examined one by one.However,there are some problems in the compilation of government power list,such as improper judgment of the attribution of "power",excessive expansion of the scope of "power" and deviation of the functional orientation of power list.The legal boundary of the power list includes two aspects:the validity of the formal power basis and the rationality of the power transformation in essence.It is beneficial to realize the rule of the list of powers by means of legality control to ensure the unification of the formal requirements and substantive standards of the list of powers.The benchmark law of the list of powers is the legitimate basis of the source of "power" in the list of powers.The compilation of the list of powers includes two stages:the review of the list of powers and the classification and synthesis of powers.Only after the review of the list of powers can administrative powers be sorted out,classified and collected according to the list of powers.It is suggested that the legitimacy review mechanism of the power list benchmark law should be constructed from the four levels of the examination subject,the examination content,the examination method and the review procedure,so as to indirectly realize the legislative regulation of the government's compilation of the power list.

Key words: list of powers, list benchmark law, legality review