Intergovernmental Relations In China After 1978: A Legal Perspective

This thesis explores the rules of intergovernmental relations (IGRs) in Chinasince 1978 from the legal perspective. It systematically analyzes the fundermentalrules, general rules and concrete rules. After discussing the current legal system ofIGRs, it puts forwards policy recommendations on the development of the legalsystem of IGRs in China. This paper argues that the rules of IGRs shoud be based upon modern theories ofrule of law so that they can reflect the requirements of Democratic Politics. CurrentIGRs originate from the fundermental rules and general rules established after 1949,and are made to overcome the difficulties that appear during adjustment of IGRs bypublic policies, and to satisfy the requirements of reform, opening-up and rule of law.The fundamental rules of IGRs in China include those of national unity, of central–local government enthusiasm and of democratic centralism. These three guidingrules have strong stability and are legal expression of the fundamental principles thatdeal with IGRs in China. The general rules of IGRs are mainly those of administrative division and ofdouble subordination of local administrative units. Those two rules are also stable anddirectly guide the concrete rules of IGRs. There are many concrete rules of IGRs that differ in administrative legislativepower, administrative enforcement power and administrative judicial power. Theconcrete rules are relatively sufficient in the area of administrative legislation,insufficient in the area of administrative enforcement and simple in the administrativejudicial area. In sum ,the legal system of IGRs in China has obvious problems such asinsufficiency of rules, imbalance of legal systems and low quality of rule of law inboth legal text and legal practice. To resolve these problems, we should reachconsensuses. The long-term objects of legalization and institutionalization of IGRs in Chinaare perfection of legal rules, harmony of legal system, normalization ofintergovernmental behavior, orderly coordination of IGRs and a high degree ofinternationalization. Therefore, we must perfect administrative organization laws,enact laws of IGRs and of dealing with intergovernmental disputes, and set upcommission of IGRs.