The Theoretical Logic Of The Development Of Regional Rule Of Law

The current status quo of the rapid development of regional rule of law, and not just the immediate needs of the market economy, nor is it as spontaneous conventional type theory described by the rule of law development, progressive legal change, but under the guidance of the national top-level design local government to intervene in a positive way and to promote the results.It is this driving force of the local government, so that the development pattern of China’s rule of law presents a new picture-under the rule of law in China’s overall deployment of regional development of the rule of law have emerged.Development of regional rule of law is under the circumstance of local government to carry out economic and social governance compete against, and the main driving force for the development of rule of law in the region comes from the government to carry out international competition among local governments.There are lots of logically linkages between the local government and regional legal theory development theory.From the point of view of both the background, the rise of globalism and regionalism sync promote market-oriented reforms and sovereign state ideology relaxed, thereby increasing the competition among local governments and local governance to guide change means.From the point of view of both the internal mechanism, competition as a discovery process, encourages local governments to find better rules and institutions through trial and error;At the same time, competition between governments promote mutual openness and resource flows between regions and ease the rigid area within the existing system.From a practical point of view, to promote the development of regional rule of law is the competition means, the contents of competition and competition objectives of local government.The local government for rational self-interest of competition accelerate the development of the rule of law in the region objectively.Competition for resources, system and taxation have influence on the environment of rule of law, the legal system, the concept of the rule of law respectively.From the social point of view of competition in local governance, the development of regional rule of law can help the local governments improve the capacity of solving social conflicts rule of law, institutionalized.In terms of competition of performance, local officials who have political acumen, has a clear superior insight and understanding for the intention of the rule of law and the central government, and therefore executed the deployment of a national rule of law in this area perfectly and creatively.Game on the game between the lower levels of government promote the region’s leading reform and clear the local legislative authority. In addition, efforts to weaken the negative direction competition also lies in the development area of law.The development of regional rule of law focus on local governance, and in local governance, public participation is not open around the problem, but it is the soft underbelly of public participation in local governance.In the current context of the civil society which has become more sophisticated, ignoring citizen participation in local governance will greatly hinder the realization of local governance of the rule of law.Development of regional rule of law, on the one hand have a need for democracy, but on the other hand, the rule of law in the context of competition among local governments to carry out democratic experiment also limits to a certain extent.Development of regional rule of law should overcome various unfavorable factors brought about by competition, to achieve multifaceted cooperation of the main parties.In the regional legal framework for democratic way to achieve cooperative governance, which is the goals of development of regional rule of law.Local governments as the representative of the administrative interests, have interest in pursuing the administrative maximum benefits, which results in a contradiction between the administrative regions and economic regions. The "princes economy" is difficult to avoid.The main cause of tension between administrative divisions and inter-regional cooperation is unfair competition between governments and intergovernmental competition in the self-interest of government action.How to break the scope of administrative divisions to achieve a large area of cooperation between the local government and collaborative governance within a broader space challenges the existing multi-level legal system.Goal of regional cooperation is to achieve scientific respective administrative areas within the region, the coordinated development of the industrial structure to overcome the homogenization of competition between governments and negative factors and seek optimization and upgrading of industrial structure, and to break the administrative barriers to achieve market freedom and unity, in order to achieve better allocation of resources.However, the rule of law should be the target area of development in three areas. The first is to explore the experience of China’s development path of the rule of law.The second is to provide a legal framework for inter-regional cooperation in governance.The last one is to develop regional rule of law to achieve rule of law of the state in a comprehensive and balanced development.Competition between governments dominated by the rule of law development model is vulnerable to three practice problems:First, short-term performance and development of the rule of law to maximize short-sighted of contradictions.Second, two contradictory powers of self-occupied and expanding the rule of law limits the right goals.Third, contradictions between sports style development of the rule of law and legal-conflict development of the rule of law.To develop regional rule of law must solve the above problem properly. Transformation of government functions of the rule of law, the rule of law to realize the relationship between the central government and improve competition between restraint mechanism is a viable solution.