Abstract: It is promoted in the Third Plenum of the 18th Central Committee of the CPC that the mechanism of disclosing power lists is a major way to push on with modernization of the Chinas governing system and capabilities. When converting “management” into “governance”, it emphasizes “governance”, that is to say, “the rule of law”, which aims at guaranteeing that the people are the masters of the country, while the “list of powers” aims at restricting the intervention powers of the government on the market and the society, actually, they are different. The former one is based on constitution supremacy, and the latter is originated from streamline administration. We must bring it back to the rule of law in order to make the mechanism of disclosing power lists be an effective way for promoting governance modernization, i.e. lawbased government governance.

Key words: government governance, rule of law, power list

摘要： 十八届三中全会提出，推进国家治理体系和治理能力现代化，权力清单制度是其重要手段。将“管理”改为“治理”，突出的是“治”，即“法治”。“法治”在于保障人民当家做主的权力，“权力清单”在于限制政府干预市场和社会的权力，两者似同非同。前者基于宪法至上，后者脱胎于简政放权。要使权力清单制度成为推进治理现代化的有效手段，必须使其回归法治，即政府治理法治化。

关键词: 政府治理, 法治化, 权力清单