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On the Central-Local Relation from the Perspective of National Rule of Law

Author: PeiWeiLi
Tutor: LiuZuo
School: Qufu Normal University
Course: Ideological and Political Education
Keywords: Central Government Local Government Legalization
CLC: F123.14
Type: Master's thesis
Year: 2010
Downloads: 138
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Abstract

Any country must correctly handle the relationship between central and local governments, the relationship between central and local governments to achieve coordinated development. This relationship with the country's political stability, national unity and economic development, the relationship between social stability and prosperity. Especially now that China is in a critical period of development, the central and local relations handled properly, can effectively play both central and local initiative, to become China's development booster, and vice versa. Therefore, by what means so that our relationship between central and local issues have been rational solution, become our urgent issue. For the relationship between central and local research, there have always been two kinds of claims to the contrary, one kind of idea is to strengthen the central power, the implementation of vertical management, weaken local power, that \authority, that is, \These two claims or alternating, or simultaneously and at different times, for different social situations, their performance is different. But in fact, in the modern market economy countries, neither purely centralized system, there is no purely local self-government system, but the national situation, the degree of centralization and decentralization may vary. This article from the perspective of national rule of law to study the relationship between central and local governments, hoping to establish between the central and local governments on all levels of the legal system to regulate the behavior of both, so that the two issues to resolve through legal methods. Article is divided into three parts, the first from the definition of the relationship between central and local connotation, and then on the country's central-local relations existing between central and local government responsibilities unclear division of authority, excessive centralization of power between central and local uneven distribution of benefits and other issues have been studied and analyzed the main reason for these problems is the lack of democracy and the rule of law, political system and economic system, lack of coordination, insufficient supply of the legal system. The second part is clear that the rule of law is to solve the question of the relationship between central and local fundamental policy. Followed by the rule of law on the relationship between central and local connotation elaboration and pointed out the relationship between central and local realized the necessity of the rule of law and principles. The third part on the realization of China's central-local relations Legalization specific path in-depth inquiry. Mainly from three aspects are discussed: First, we must update the concept, the realization of China between central and local administrative decentralization from the transition to the rule of law, separation of powers; second is to strengthen the relationship between central and local legislative building, mainly from the improvement and modification of the Constitution central and local governments to develop special law and the corresponding legal two aspects discussed; three of our country's central and local dispute resolution mechanisms were studied, pointed out the need to solve our conflicts between central and local executive authorities in addition to constantly improve the internal dispute resolution mechanisms, can also introduce judicial model, play jurisdiction in the central-local relations in a positive role. This paper argues that: the relationship between central and local rule of law can only be two ways to get a better solution, therefore, we must state the height of the rule of law, to take effective measures, established between the central and local governments in line with China's national conditions and democratic political development requirements, contribute to social progress and development of productive forces new relationship between central and local governments, the central and local relations in a more healthy direction.

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